Opinion
1:21-cv-00574-SAB
06-24-2021
LINDA CERDA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS (ECF No. 5)
Linda Cerda (“Plaintiff”) filed a complaint on April 6, 2021, challenging a final decision of the Commissioner of Social Security denying her application for disability benefits. Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 3.) The Court found that Plaintiff's application did not demonstrate that she was entitled to proceed in this action without the prepayment of fees and Plaintiff was ordered to file a long form application. (ECF No. 4. ) On April 8, 2021, Plaintiff filed a long form application to proceed in forma pauperis. (ECF No. 5.) Plaintiff's application demonstrates entitlement to proceed without prepayment of fees.
On April 14, 2020, General Order Number 615 issued staying all Social Security actions filed after February 1, 2020 until the Commissioner may begin normal operations at the Office of Appellate Hearings Operations and may resume preparation of a certified copy of the administrative record. The Court shall order that the complaint in this action be served and the matter will be stayed once service has been effected on the defendant. The parties are hereby irected to paragraph 1 of the scheduling order to be issued in this action, which provides that ervice of the Defendant shall proceed under the Court's E-service program.
Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff s application to proceed in forma pauperis is GRANTED;
2. The Clerk of Court is DIRECTED to issue a summons; and
3. The Clerk of Court is DIRECTED to deliver to the Commissioner of Social Security Administration and the United States Attorney's Office at their designated email addresses, a notice of electronic filing of this action along with the summons and complaint..
IT IS SO ORDERED.