(SS) Smith v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMarch 13, 20201:19-cv-00571California645 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ELIZABETH ROSE SMITH, Case No. 1:19-cv-00571-SAB

Plaintiff, ORDER APPOINTING SHANE E. SMITH

GUARDIAN AD LITEM FOR PLAINTIFF

v. ELIZABETH ROSE SMITH

COMMISSIONER OF SOCIAL SECURITY, (ECF No. 19) Defendant.

16 On May 1, 2019, a complaint was filed by Elizabeth Rose Smith (“Plaintiff”) seeking review of a final decision of the Commissioner of Social Security. (ECF No. 1.) Upon review of the administrative record, the Court found the record indicated the Plaintiff was a minor. Therefore, on February 28, 2020, the Court ordered Plaintiff to either file evidence that a representative had been appointed under state law, or file a motion for appointment of a guardian ad litem. (ECF No. 18.) On March 13, 2020, Plaintiff filed a petition to appoint Shane E. Smith as guardian ad litem for Plaintiff. (ECF No. 19.) Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor or incompetent person may sue or defend on…

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