Lopez v. Commissioner of Social Security

Filing 5

ORDER DIRECTING Plaintiff to File an Amended Motion to Proceed in Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 4/9/2014. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MARCUS ANTHONY LOPEZ,

12
13
14

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

15
Defendant.
16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-00495 - JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Marcus Anthony (“Plaintiff”) seeks judicial review of an administrative decision denying his

18

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

19

with his complaint on April 7, 2014. (Doc. 3.)

20

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

21

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

22

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

23

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

24

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

25

Although Plaintiff reports he is not currently employed, he has not provided any information

26

regarding his last date of employment, or explained that he has never been employed. (Doc. 3 at 1.)

27

According to his application, Plaintiff receives food stamps in the amount of $189.00, but has no cash

28

or savings. (Id. at 2.) In addition, Plaintff reports he does nto have any real estate, stocks, bonds,
1

1

securities, an automobile, or any other item of value. (Id.) Consequently, the Court is unable to

2

determine how Plaintiff is supporting himself, or if he is dependent upon another individual who may

3

pay the filing fee.

4

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

5

that includes information on how Plaintiff is supporting himelf, or his dependence on another. Upon

6

receipt of this information, the Court will resume consideration of Plaintiff’s motion to proceed in

7

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

8

application to proceed in forma pauperis.

9
10
11
12

IT IS SO ORDERED.
Dated:

April 9, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2