Sepeda v. Commissioner of Social Security

Filing 3

ORDER DIRECTING Plaintiff to File an Amended Motion to Proceed in Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 2/25/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEANETTE SEPEDA,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 1:14-cv-00228 - JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Jeanette Sepeda (“Plaintiff”) seeks judicial review of an administrative decision denying her

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claim for Social Security benefits. (Doc. 1.) Plaintiff filed a motion to proceed in forma pauperis

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with her complaint on February 20, 2014. (Doc. 2.)

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The Court may authorize the commencement of an action without prepayment of fees “but a

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person who submits an affidavit that includes a statement of all assets such person . . . possesses [and]

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that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court

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has reviewed the application and the information provided is insufficient to determine whether Plaintiff

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satisfies the requirements of 28 U.S.C. § 1915(a).

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According to her application, Plaintiff has not been employed since 1976, and has no cash or

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savings. (Doc. 2 at 1-2.) Plaintiff asserts her only income includes $245 per month for General

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Assistance and $198 in food stamps. Id. at 1. Further, Plaintiff notes she does not have any real

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estate, stocks, bonds, securities, other financial instruments, an automobile, or other things of value.
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Id. Given this economic condition, it does not appear that Plaintiff is able to support herself on these

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funds alone. Consequently, the Court must determine whether Plaintiff is dependent upon another

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individual who would be able to pay the filing fee.

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Accordingly, Plaintiff is ORDERED to file, within fourteen days of this order, an application

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that includes information on how Plaintiff is supporting herself, or whether she is dependent upon

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another. Upon receipt of this information, the Court will resume consideration of Plaintiff’s motion to

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proceed in forma pauperis. Plaintiff is warned that failure to comply with this order may result in

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denial of her application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

February 25, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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