Opinion
1:23-cv-00614-CDB (SS)
04-25-2023
GENARO VALENTINE MORALES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Respondent.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS, SCHEDULING ORDER, AND CONSENT OR REQUEST FOR REASSIGNMENT DOCUMENTS
(DOCS. 4-5)
Plaintiff Genaro Valentine Morales (“Plaintiff”) seeks judicial review of an administrative decision of the Commissioner of Social Security denying Petitioner's claim for disability benefits under the Social Security Act. (Doc. 1). On April 20, 2023, Plaintiff filed a social security complaint and a motion to proceed in forma pauperis. (Docs. 1-2).
On April 24, 2023, the Court issued a screening order dismissing Plaintiff's social security complaint with leave to file a first amended complaint and denying Plaintiff's motion to proceed in forma pauperis without prejudice. (Doc. 3). The Court noted Plaintiffs complaint did not specify the date an extension from the Appeals Council was granted and what good cause, if any, Plaintiff had in delaying his filing of this civil action. Id. at 4.
That same day, Plaintiff filed a first amended complaint and a second motion to proceed in forma pauperis. (Docs. 4-5). Plaintiff noted on January 25, 2023, through Counsel filed a request for an extension of time to file in U.S. District Court pursuant to 20 CFR § 404.982. (Doc. 4 at 2). Pursuant to 42 U.S.C. § 405(g) and 20 C.F.R. § 422.210(c), the Commissioner “may allow” a plaintiff “further time” to file an action to the district court. See Bowen v. City of New York, 476 U.S. 467, 480, n.12 (1986) (noting that “Congress has authorized the Secretary to toll the 60-day limit” and citing 20 C.F.R. § 404.911). Plaintiff claims on March 31, 2023, the Appeals Council found good cause to grant an extension and provided him an additional 30 days plus five by mail to file a complaint. Id. 2; (Doc. 4-3). Therefore, Plaintiffs complaint is timely filed.
Accordingly, in light of Plaintiff's representations (Docs. 4-5), and for good cause appearing, it is HEREBY ORDERED:
1. Plaintiff's motion to proceed in forma pauperis (Doc. 5) is GRANTED; and
2. The Clerk of Court is DIRECTED to issue the following: 1) a summons; 2) the scheduling order; 3) the order re consent or request for reassignment; and 4) a consent to assignment or request for reassignment form.
IS SO ORDERED.