Samuels v. Astrue

Filing 31

ORDER granting 29 Plaintiff's Motion for Leave to Proceed in Forma Pauperis. IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of this Order to the Ninth Circuit Court of Appeals [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/10/14.(MAW)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gina L. Samuels,

No. CV-12-01665-PHX-JAT
Plaintiff,

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v.

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ORDER

Michael J. Astrue, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion for Leave to Proceed in Forma

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Pauperis (Doc. 29). The Court now rules on the motion.

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I.

Background

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Plaintiff brought this action seeking review of an Administrative Law Judge

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(“ALJ”)’s decision denying her Social Security benefits. (Doc. 1). Plaintiff paid the filing

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fee for her complaint. (Id.) The Court affirmed the ALJ’s decision, (Doc. 24), and

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Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals, (Doc. 26). Plaintiff

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now seeks to proceed in forma pauperis for her appeal. (Doc. 29).

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II.

Legal Standard

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Federal Rule of Appellate Procedure (“FRAP”) 24(a)(1) provides that generally “a

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party to a district-court action who desires to appeal in forma pauperis must file a motion

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in the district court.” The movant must attach an affidavit that “shows in the detail

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prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give

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security for fees and costs; . . . claims an entitlement to redress; and states the issues that

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the party intends to present on appeal.” Fed. R. App. P. 24(a)(1)(A)-(C).

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III.

Analysis

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Plaintiff has submitted an affidavit showing her indigence in the detail prescribed

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by FRAP Form 4, (Doc. 29-1), and according to this affidavit, Plaintiff is unable to pay

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the costs of her appeal. Plaintiff’s affidavit adequately states her issues on appeal and

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claims her entitlement to redress.

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IV.

Conclusion

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For the foregoing reasons,

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IT IS ORDERED granting Plaintiff’s Motion for Leave to Proceed in Forma

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Pauperis (Doc. 29).
IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of
this Order to the Ninth Circuit Court of Appeals.
Dated this 10th day of September, 2014.

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