Castillo v. Commissioner of Social Security

Filing 5

ORDER DENYING 4 Motion to Proceed IFP; ORDER to pay filing fee, in the amount of $400.00 in full within thirty days, signed by Magistrate Judge Stanley A. Boone on 10/28/14.(30-Day Deadline) (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FELICITAS TORRES CASTILLO, Plaintiff, 12 13 Case No. 1:14-cv-01566-SAB ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS v. ECF NO. 4 14 15 COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 Plaintiff Felicitas Torres Castillo (“Plaintiff”) filed an amended application to proceed in 18 forma pauperis pursuant to 28 U.S.C. § 1915 on October 27, 2014. Plaintiff’s original 19 application to proceed in forma pauperis was denied by the Court on October 9, 2014. The Court 20 denied the original application because, among other reasons, “Plaintiff indicated that she had 21 money in cash or a checking or savings account but did not indicate the amount.” (Order 22 Denying Application to Proceed In Forma Pauperis and Requiring Plaintiff to File Long Form 23 Application 1:21-22.) The Court granted Plaintiff leave to file an amended application which 24 cured this defect. 25 Plaintiff’s amended application again indicates that Plaintiff owns a savings account but 26 Plaintiff again omitted any response to the form inquiry regarding the “Amount you have” in the 27 savings account. (See Amended Application to Proceed in District Court Without Prepaying 28 Fees or Costs, at pg. 2.) Because Plaintiff conspicuously omitted any response to this form 1 1 inquiry after the Court specifically identified this defect in Plaintiff’s original application, the 2 Court will deny Plaintiff’s amended application to proceed in forma pauperis. Plaintiff shall pay 3 the $400.00 filing fee in this action in full within thirty days. Plaintiff is forewarned that failure 4 to pay the filing fee on time will result in dismissal of this action. 5 Accordingly, IT IS HEREBY ORDERED THAT: 6 1. Plaintiff’s application to proceed in forma pauperis is DENIED; 7 2. Plaintiff shall pay the $400.00 filing fee in full within thirty days. 8 9 IT IS SO ORDERED. 10 Dated: October 28, 2014 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?