(SS)(PS) Mims v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIM MIMS, Case No. 2:24-cv-1515-JDP (SS) Plaintiff, v. ORDER CAROLYN COLVIN, Commissioner of Social Security, 15 Defendant.
17 On May 28, 2024, the Commissioner of Social Security removed this action from Sacramento County Superior Court. ECF No. 1. As a basis for the complaint, plaintiff Kim Mims seeks judicial review of a final decision, issued by the Commissioner of Social Security Administration (“SSA”), denying her application for Social Security Disability Insurance benefits. Id. Defendant moves to dismiss for lack of service pursuant to Federal Rules of Civil Procedure 12(b)(4) and 12(b)(5)—or, in the alternative, to quash service. ECF No. 4. For the foregoing reasons, defendant’s motion to dismiss is denied, but the motion to quash service is granted. Plaintiff has filed an application to proceed in forma pauperis. ECF No. 8. Because her application makes the required showing, her application is granted, and the…