1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 SHERICE H. LOFTON, Case No.: 2:21-cv-00549-NJK

9 Plaintiff(s), Order 10 v. [Docket Nos. 5, 6] 11 ANDREW SAUL, 12 Defendant(s). 13 Plaintiff has requested authority pursuant to

to proceed in forma pauperis 14 (Docket No. 5), and has submitted a Complaint (Docket No. 1-1). 15 I. Application to Proceed In Forma Pauperis 16 Plaintiff filed a renewed application to proceed in forma pauperis. Docket No. 5.1 The 17 application has sufficiently shown an inability to prepay fees and costs or give security for them. 18 Accordingly, the application to proceed in forma pauperis will be granted pursuant to § 1915. The 19 Court will now review Plaintiff’s complaint. 20 II. Screening the Complaint 21 When a party seeks permission to pursue a civil case in forma pauperis, courts will screen 22 the complaint. See

(e). With respect to social security appeals specifically, judges 23 in this District have outlined some basic requirements for complaints to satisfy the Court’s 24 screening. First, the complaint must establish that administrative remedies were exhausted 25 pursuant to

(g), and that the civil action was commenced within 60 days after 26 1 The renewed application was filed late, prompting Plaintiff to also file a motion to allow 27 the late filing. Docket No. 5. In the future, such a request should be filed before expiration of the subject deadline. Cf. Fed. R. Civ. P. 6(b)(1). In this instance, however, the Court will grant the 28 request for extension nunc pro tunc. 1 notice of a final decision. Second, the complaint must indicate the judicial district in which the 2 plaintiff resides. Third, the complaint must state the nature of the plaintiff’s disability and when 3 the plaintiff claims to have become disabled. Fourth, the complaint must contain a plain, short, 4 and concise statement identifying the nature of the plaintiff’s disagreement with the determination 5 made by the Social Security Administration and show that the plaintiff is entitled to relief. See, 6 e.g., Graves v. Colvin,

, *2 (D. Nev. Jan. 26, 2015) (collecting cases). 7 The Court has reviewed the complaint, and finds these elements satisfied in this case. 8 III. Conclusion 9 Accordingly, the Court hereby ORDERS as follows: 10 1. Plaintiff’s request to extend the deadline to refile the application to proceed in forma 11 pauperis is GRANTED. 12 2. Plaintiff’s request to proceed in forma pauperis is GRANTED with the caveat that the 13 fees shall be paid if recovery is made. At this time, Plaintiff shall not be required to 14 pre-pay the filing fee. 15 3. Plaintiff is permitted to maintain this action to conclusion without the necessity of 16 prepayment of any additional fees or costs or the giving of a security therefor. The 17 Order granting leave to proceed in forma pauperis shall not extend to the issuance of 18 subpoenas at government expense. 19 4. The Clerk of Court shall file the Complaint. 20 5. The Clerk of Court shall serve the Commissioner of the Social Security Administration 21 by sending a copy of the summons and Complaint by certified mail to: (1) Office of 22 Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear St., 23 Suite 899, San Francisco, California 94105-1545; and (2) the Attorney General of the 24 United States, Department of Justice, 950 Pennsylvania Avenue, N.W., Room 4400, 25 Washington, D.C. 20530. 26 6. The Clerk of Court shall issue summons to the United States Attorney for the District 27 of Nevada and deliver the summons and Complaint to the U.S. Marshal for service. 28 ] 7. From this point forward, Plaintiff shall serve upon Defendant or, if appearance has been 2 entered by counsel, upon the attorney, a copy of every pleading, motion or other 3 document submitted for consideration by the court. Plaintiff shall include with the 4 original paper submitted for filing a certificate stating the date that a true and correct 5 copy of the document was personally served or sent by mail to the defendants or 6 counsel for the defendants. The court may disregard any paper received by a district 7 judge or magistrate judge which has not been filed with the Clerk, and any paper 8 received by a district judge, magistrate judge or the Clerk which fails to include a 9 certificate of service. 10 IT IS SO ORDERED. 1] Dated: April 22, 2021 do.

13 Unitel S me □ he istrate Judge 1g g 14 .

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