(SS) Hermosillo v. Commissioner of Social Security, No. 1:2023cv01467 - Document 14 (E.D. Cal. 2023)
Court Description: ORDER WITHDRAWING 11 Findings and Recommendations; DENYING 9 Motion to Proceed IFP as moot; and DIRECTING Clerk of Court to issue summons, new case documents and serve Defendant under E-Service Program signed by Magistrate Judge Stanley A. Boone on 12/4/2023. (Lundstrom, T)(ECF Nos. 9, 11)
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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 AIDA HERMOSILLO, Case No. 1:23-cv-01467-NODJ-SAB 12 Plaintiff, 16 ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT; AND DIRECTING CLERK OF THE COURT TO ISSUE SUMMONS, NEW CASE DOCUMENTS, AND SERVE DEFENDANT UNDER ESERVICE PROGRAM 17 (ECF Nos. 9, 11) 13 v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 18 Plaintiff Aida Hermosillo, on behalf of minor, V.M. (“Plaintiff”),1 filed a complaint on 19 20 October 12, 2023, challenging a final decision of the Commissioner of Social Security denying 21 an application for disability benefits. (ECF No. 1.) Plaintiff did not pay the filing fee in this 22 action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 23 1915. (ECF No. 2.) On October 16, 2023, the Court denied the application without prejudice 24 and ordered Plaintiff to file a long form application. (ECF No. 4.) On November 3, 2023, 25 Plaintiff filed a long form application. (ECF No. 5.) Finding Plaintiff failed to provide the Court 26 with complete and accurate information regarding her household income and expenses, the Court 27 1 For purposes of the application to proceed in forma pauperis, the Court refers to the primary applicant Aida 28 Hermosillo as Plaintiff. 1 1 ordered Plaintiff to file a revised long form application on November 6, 2023. (ECF No. 6.) On 2 November 22, 2023, Plaintiff filed a revised long form application. (ECF No. 9.) On November 3 27, 2023, the Court issued findings and recommendations recommending that Plaintiff’s 4 application to proceed in forma pauperis be denied. (ECF No. 11.) On December 1, 2023, Plaintiff paid the filing fee. Based on the payment of the filing 5 6 fee, the Court shall withdraw the pending findings and recommendations. Further, the Clerk of 7 the Court will be directed to issue a summons and new case documents in this action, and to 8 serve the complaint pursuant to paragraph 1 of the scheduling order to be issued in this action, 9 which provides that service on the Defendant shall proceed under the Court’s e-service program. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations issued on November 26, 2023 (ECF No. 11), is WITHDRAWN; 12 2. 13 The application to proceed in forma pauperis filed on November 22, 2023 (ECF No. 9), is DENIED as moot; 14 3. 15 The Clerk of the Court is DIRECTED to issue a summons and new case documents; and 16 4. 17 The Clerk of the Court is DIRECTED to deliver to the Commissioner of Social 18 Security Administration and the United States Attorney’s Office at their 19 designated email addresses, a notice of electronic filing of this action along with 20 the summons and complaint. 21 22 IT IS SO ORDERED. 23 Dated: December 4, 2023 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2
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