Samuels v. Astrue
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gina L. Samuels,
Michael J. Astrue, et al.,
Pending before the Court is Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (Doc. 29). The Court now rules on the motion.
Plaintiff brought this action seeking review of an Administrative Law Judge
(“ALJ”)’s decision denying her Social Security benefits. (Doc. 1). Plaintiff paid the filing
fee for her complaint. (Id.) The Court affirmed the ALJ’s decision, (Doc. 24), and
Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals, (Doc. 26). Plaintiff
now seeks to proceed in forma pauperis for her appeal. (Doc. 29).
Federal Rule of Appellate Procedure (“FRAP”) 24(a)(1) provides that generally “a
party to a district-court action who desires to appeal in forma pauperis must file a motion
in the district court.” The movant must attach an affidavit that “shows in the detail
prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give
security for fees and costs; . . . claims an entitlement to redress; and states the issues that
the party intends to present on appeal.” Fed. R. App. P. 24(a)(1)(A)-(C).
Plaintiff has submitted an affidavit showing her indigence in the detail prescribed
by FRAP Form 4, (Doc. 29-1), and according to this affidavit, Plaintiff is unable to pay
the costs of her appeal. Plaintiff’s affidavit adequately states her issues on appeal and
claims her entitlement to redress.
For the foregoing reasons,
IT IS ORDERED granting Plaintiff’s Motion for Leave to Proceed in Forma
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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