(SS) McMillen v. Commissioner of Social Security, No. 1:2022cv00925 - Document 6 (E.D. Cal. 2022)

Court Description: ORDER VACATING 5 Findings and Recommendations to Deny Plaintiff's Application to Proceed In Forma Pauperis; Denying 4 Application as Moot; and Directing Clerk of the Court to Issue Summons and Serve Defendant under E-Serve Program signed by Magistrate Judge Stanley A. Boone on 08/10/2022.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRED MCMILLEN, Case No. 1:22-cv-00925-AWI-SAB Plaintiff, 16 ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS; DENYING APPLICATION AS MOOT; AND DIRECTING CLERK OF THE COURT TO ISSUE SUMMONS AND SERVE DEFENDANT UNDER E-SERVICE PROGRAM 17 (ECF Nos. 4, 5) 12 13 14 15 v. COMMISSIONER OF SOCIAL SECURITY, Defendant. 18 19 20 On July 26, 2022, Plaintiff Fred McMillen (“Plaintiff’) filed the complaint in this action 21 seeking judicial review of the final decision of Defendant Commissioner of Social Security 22 (“Defendant”) denying an application for benefits under the Social Security Act. (ECF No. 1.) 23 Plaintiff also filed an application to proceed in forma pauperis on the same day. (ECF No. 2.) 24 On July 27, 2022, the Court issued an order denying Plaintiff’s application to proceed in forma 25 pauperis without prejudice and requiring Plaintiff to file a long form application. (ECF No. 3.) 26 On August 3, 2022, Plaintiff filed a long form application. (ECF No. 4.) On August 5, 2022, 27 the Court issued findings and recommendations to deny Plaintiff’s application to proceed in 28 forma pauperis and require Plaintiff to pay the filing fee or face dismissal. (ECF No. 5.) On 1 1 August 9, 2022, Plaintiff paid the filing fee in full. Therefore, the Court finds it appropriate to 2 vacate its prior findings and recommendations and deny the pending application as moot. The 3 parties are hereby directed to paragraph 1 of the scheduling order to be issued in this action, 4 which provides that service of the Defendant shall proceed under the Court’s E-service 5 program. 6 Accordingly, IT IS HEREBY ORDERED THAT: 7 1. Plaintiff’s August 3, 2022 application to proceed in forma pauperis (ECF No. 4) is DENIED as moot; 8 2. 9 The August 5, 2022 findings and recommendations recommending that Plaintiff’s 10 application to proceed in forma pauperis be denied and Plaintiff be required to 11 pay the filing fee (ECF No. 5) are VACATED; 3. 12 The Clerk of the Court is DIRECTED to issue a summons and new case documents; and 13 4. 14 The Clerk of the Court is DIRECTED to deliver to the Commissioner of Social 15 Security Administration and the United States Attorney’s Office at their 16 designated email addresses, a notice of electronic filing of this action along with 17 the summons and complaint. 18 19 IT IS SO ORDERED. 20 Dated: August 10, 2022 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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