(SS)(PS) McGee-Holden v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaOctober 6, 20212:21-cv-01817California699 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEBORAH MCGEE-HOLDEN, No. 2:21–cv–1817–KJN Plaintiff, ORDER GRANTING IFP AND

DIRECTING E-SERVICE

v. (ECF No. 2) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Presently pending before the court is plaintiff’s motion for leave to proceed in forma pauperis. See 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a person that is unable to pay such fees). (ECF No. 2.) Plaintiff, proceeding without assistance of counsel in this action, submitted the required affidavit, which demonstrates an inability to prepay fees and costs or give security for them. Further, under Section 1915, the court must screen the complaint and dismiss any claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Federal courts also have an independent duty to ensure it has subject matter jurisdiction over the…

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