Esquivel 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 12/4/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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JOSEGUADALUPE ESCOTO ESQUIVEL,

Case No.: 1:14-cv-01902 - JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Plaintiff Joseguadalupe Escoto Esquivel seeks judicial review of an administrative decision

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

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pauperis with his complaint on December 1, 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

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

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According to his application, Plaintiff is not employed, and has no cash or savings. (Doc. 2 at

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1-2.) Plaintiff asserts his only income is $347 per month in food stamps. Id. at 2. Further, Plaintiff

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notes he does not have any real estate, stocks, bonds, securities, other financial instruments, an

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automobile, or other things of value. Id. However, Plaintiff asserts his wife and two daughters rely on
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him for support. Consequently, the Court is unable to determine how Plaintiff is supporting himself

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and his family, or if he is dependent upon another 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 himself, or his dependence on another. Upon

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

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

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application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

December 4, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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