Brown-Hunter v. Astrue

Filing 51

ORDER: denying Plaintiff's 46 Motion for Leave to Appeal in forma pauperis; pursuant to Rule 24(a)(4), Fed. R. App. P., the clerk shall immediately notify the parties and the court of appeals of this denial re: 16-15463. Signed by Senior Judge Frederick J Martone on 4/12/16.(REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kim Brown-Hunter,

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Plaintiff,

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vs.

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Michael J. Astrue,
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Defendant.
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No. CV-11-2573-PHX-FJM
ORDER

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Our order of March 25, 2016 (doc. 48) noted several deficiencies in plaintiff’s motion
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for leave to proceed in forma pauperis (doc. 46). We now have before us plaintiff’s response
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(doc. 49) and supplemental response (doc. 50).
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Plaintiff has failed to satisfactorily explain how she was able to afford the initial filing
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fee in this case (doc. 1) and the filing fee on appeal (doc. 25), and now claim not to be able
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to do the same for her second appeal.
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The response asserts that plaintiff “lives with her family.” Doc. 49 at 1. The utility
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bills provided are in the name of her son. Id. at 2. There is no evidence to support a claim
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that she pays them.
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I do not find it credible that she cannot pay the filing fee on her second appeal. If
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plaintiff’s counsel believes that, he is able to advance the fee under his contingent fee
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agreement. Doc. 49 at 3.
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Accordingly, it is ORDERED DENYING plaintiff’s Motion for Leave to Proceed in

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Forma Pauperis (doc. 46). It is further ORDERED that pursuant to Rule 24(a)(4), Fed. R.

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App. P., the clerk shall immediately notify the parties and the court of appeals of this denial.

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DATED this 12th day of April, 2016.

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