Harmon v. Commissioner of Social Security - Document 2

Court Description:

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk of Court shall file the Complaint. IT IS FURTHER ORDERED that the Clerk of Court shall serve the Commissioner of the Social Security Administration and the Attorney General of the United States by sending a copy of the summons and Complaint by certified mail to addresses listed in this order. IT IS FURTHER ORDERED that the Clerk of Court shall issue summons to the United States Attorney for the District of Nev ada, and deliver with complaint to the US Marshal for service. Defendants shall have 60 days from the date of service to file answer or responsive pleading. IT IS FURTHER ORDERED that Plaintiff's Counsel, Mr. Kalagian, shall have 14 days from the date of this order to comply with LR IA 10-1(b). Signed by Magistrate Judge George Foley, Jr on 8/14/12. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 RHONDA S. HARMON, ) ) Plaintiff, ) ) vs. ) ) SOCIAL SECURITY ADMINISTRATION, ) ) Defendant. ) __________________________________________) Case No. 2:12-cv-01419-JCM-GWF ORDER Application to Proceed In Forma Pauperis (#1) and Screening of Complaint 12 This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis (#1), 13 14 filed on August 10, 2012. 15 BACKGROUND 16 Plaintiff alleges a claim against the Social Security Administration (SSA), challenging the 17 denial of social security disability benefits. Plaintiff alleges that at all time relevant to this action, she 18 was disabled as defined by the Social Security Act. Plaintiff claims that the Social Security 19 Commissioner, initially and upon reconsideration, denied her request for social security disability 20 benefit. Plaintiff states that she timely requested review of the ALJ’s decision with the Appeals 21 Council, which was denied on June 11, 2012. Plaintiff now seeks judicial review of that final agency 22 decision. 23 DISCUSSION 24 I. 25 Plaintiff filed this instant action and attached a financial affidavit to her application and Application to Proceed In Forma Pauperis 26 complaint as required by 28 U.S.C. § 1915(a). Reviewing Long’s financial affidavit pursuant to 28 27 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. As a result, Plaintiff’s 28 request to proceed in forma pauperis in federal court is granted. ... 1 II. 2 Plaintiff brings suit against Michael J. Astrue alleging she was wrongfully denied social security Complaint 3 disability benefit. Federal courts only have jurisdiction to conduct judicial review of SSA’s final 4 decisions. See 42 U.S.C. § 405(g); see also Pacific Coast Medical Enterprises v. Harris, 633 F.2d 123, 5 137 (9th Cir. 1980). Viewing Plaintiff’s complaint, it appears that Plaintiff fully exhausted her 6 administrative remedies with the SSA. The Court will therefore allow Plaintiff’s complaint to proceed 7 as a petition for judicial review of a final agency decision. 8 The Court additionally notes that attorney Marc Kalagian made an appearance on behalf of 9 Plaintiff. Mr. Kalagian is a Nevada licensed attorney, but does not maintain an office in Nevada. 10 Pursuant to LR IA 10-1(b), a Nevada licensed attorney who does not maintain an office in Nevada 11 “shall either associate a licensed Nevada attorney maintaining an office in Nevada or designate a 12 licensed Nevada attorney maintaining an office in Nevada, upon whom all papers, process, or pleadings 13 required to be served upon the attorney may be so served.” Mr. Kalagian shall have 14 days from the 14 date of this order to comply with LR IA 10-1(b). Accordingly, 15 IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis (#1) is 16 granted with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff shall not 17 be required to pre-pay the full filing fee of three hundred fifty dollars ($350.00). 18 IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint. 19 IT IS FURTHER ORDERED that the Clerk of the Court shall serve the Commissioner of the 20 Social Security Administration by sending a copy of summons and Complaint by certified mail to: (1) 21 the General Counsel, Social Security Administration, Room 611, Altmeyer Building, 6401 Security 22 Boulevard, Baltimore, MD 21235 and (2) the Attorney General of the United States, Department of 23 Justice, 950 Pennsylvania Ave. NW, Washington DC 20530. 24 IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to the United 25 States Attorney for the District of Nevada, and deliver the summons and Complaint to the U.S. Marshal 26 for service. 27 28 IT IS FURTHER ORDERED that Defendants shall have sixty (60) days from the date of service to file their answer or responsive pleading to Plaintiff’s Complaint in this case. 2 1 IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendant, or their 2 attorney if they have retained one, a copy of every pleading, motion, or other document submitted for 3 consideration by the court. Plaintiff shall include with the original paper submitted for filing a 4 certificate stating the date that a true and correct copy of the document was mailed to Defendant or their 5 counsel. The court may disregard any paper received by a district judge, magistrate judge, or the Clerk 6 which fails to include a certificate of service. 7 8 9 IT IS FURTHER ORDERED that Plaintiff’s counsel, Mr. Kalagian, shall have 14 days from the date of this order to comply with LR IA 10-1(b). DATED this 14th day of August, 2012. 10 11 12 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3