Marin v. Commissioner of Social Security

Filing 4

ORDER DENYING 3 Application to Proceed IFP and REQUIRING Plaintiff to File Long Form Application; Twenty Day Deadline signed by Magistrate Judge Stanley A. Boone on 2/16/2015. (Attachments: # 1 IFP Longform Application) (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NIGEL MARIN, Plaintiff, 12 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION v. 13 14 Case No. 1:15-cv-00220-SAB COMMISSIONER OF SOCIAL SECURITY, (ECF No. 3) Defendant. 15 TWENTY DAY DEADLINE 16 17 Plaintiff Nigel Marin (“Plaintiff”) filed the complaint in this action appealing the denial 18 of Social Security benefits on February 9, 2015. (ECF No. 1.) Plaintiff did not pay the filing fee 19 in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 20 § 1915. However, Plaintiff indicates that he provides half support to his wife, however, there is 21 no indication the amount that he provides. The Court is unable to determine that Plaintiff is 22 eligible to proceed without prepayment of fees in this action. 23 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 24 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 25 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 26 full. 27 Based upon the foregoing, it is HEREBY ORDERED that: 28 1. Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice; 1 2. 1 The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 2 3. 3 Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the 4 $400.00 filing fee for this action, or (2) complete and file the enclosed 5 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 6 Form) – AO 239; and 4. 7 If Plaintiff fails to comply with this order, this action shall be dismissed. 8 9 IT IS SO ORDERED. 10 Dated: February 16, 2015 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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