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Moreno v. Commissioner of Social Security, 1:19-cv-01580-DAD-SAB. (2019)

Court: District Court, E.D. California Number: infdco20191118738 Visitors: 11
Filed: Nov. 14, 2019
Latest Update: Nov. 14, 2019
Summary: ORCER VACATING FINDINGS AND RECOMMENDATIONS; DISREGARDING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS; AND DIRECTING CLERK OF THE COURT TO PROCEED IN FORMA PAUPERIS ISSUE SUMMONS AND NEW CASE DOCUMENTS (ECF Nos. 2, 3) STANLEY A. BOONE , Magistrate Judge . On November 5, 2019, Liza Lucero Moreno ("Plaintiff") filed this action seeking judicial review of the final decision of Defendant Commissioner of Social Security ("Defendant") denying her application for benefits under the
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ORCER VACATING FINDINGS AND RECOMMENDATIONS; DISREGARDING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS; AND DIRECTING CLERK OF THE COURT TO PROCEED IN FORMA PAUPERIS ISSUE SUMMONS AND NEW CASE DOCUMENTS

(ECF Nos. 2, 3)

On November 5, 2019, Liza Lucero Moreno ("Plaintiff") filed this action seeking judicial review of the final decision of Defendant Commissioner of Social Security ("Defendant") denying her application for benefits under the Social Security Act. (ECF No. 1.) Plaintiff also filed an application to proceed in forma pauperis without prepayment of the filing fee on the same day. (ECF No. 2.)

Upon review Plaintiff's application to proceed in forma pauperis the Court found that Plaintiff had not demonstrated that she was entitled to proceed in this action without prepayment of fees. Accordingly, a findings and recommendations was filed on November 7, 2019 recommending that the application to proceed in forma pauperis be denied. (ECF No. 3.) Plaintiff was served with notice of the findings and recommendations and informed that she had fourteen days in which to file objections. (ECF No. 3.) On November 13, 2019, Plaintiff paid the filing fee in this action making the application to proceed in forma pauperis moot.

Based on the foregoing, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed on November 7, 2019 are VACATED; 2. Plaintiff's application to proceed in forma pauperis is DISREGARDED as moot; and 3. The Clerk of the Court is DIRECTED to issue the summons and new case documents.

IT IS SO ORDERED.

Source:  Leagle

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