Goolsby v. Commissioner of Social Security

Filing 6

ORDER DISCHARGING 4 Order to Show Cause and ORDER GRANTING Plaintiff an Extension of Time to File Amended Application to Proceed In Forma Pauperis signed by Magistrate Judge Jennifer L. Thurston on 5/29/2015. Amended Application for IFP due within thirty (30) days. (Jessen, A)

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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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CLIFFORD DEAN GOOLSBY,

Case No.: 1:15-cv-00615 - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED MAY 13, 2015 (Doc. 4)
ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME

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Plaintiff Clifford Dean Goolsby seeks judicial review of an administrative decision denying his

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

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his complaint on April 20, 2015. (Doc. 2.) The Court ordered Plaintiff to file an amended motion to

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proceed in forma pauperis including “information on how Plaintiff is supporting himself, or his

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dependence on another.” (Id. at 2.) Because Plaintiff failed to comply with the Court’s order, an order

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to show cause why sanctions should not be imposed was issued on May 13, 2015. (Doc. 4.)

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In response to the order to show cause, Plaintiff’s counsel, Melissa Newel, requests an

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extension of time to obtain the required information from Plaintiff. (Doc. 5.) Ms. Newel asserts she

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“made numerous, but unsuccessful, attempts to contact Plaintiff in order to obtain information

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necessary for an amended in forma pauperis application.” (Id. at 3.) Ms. Newel reports that she “left

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messages on an unidentified voicemail,” but did not receive a response prior to the issuance of the order

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to show cause. (Newel Decl. ¶ 2.) Upon receipt of the Court’s second order, she “made additional
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attempts to contact the Plaintiff and received a return phone message in which the Plaintiff apologized

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for being difficult to reach and that he would call me back again.” (Id., ¶ 3.) Ms. Newel believes that

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“[g]iven the difficulty of reaching Plaintiff, and on the basis of information provided in the existing

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application, it is very likely the Plaintiff is homeless.” (Doc. 5 at 2.)

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Significantly, however, there is no evidence that Plaintiff is, in fact, homeless. Though Ms.

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Newel may be right in her conclusion about Plaintiff’s housing status, she provides little information to

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determine why her conclusion is supported by the facts. As the Court previously, the information

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presented in the motion to proceed in forma pauperis was insufficient was “to determine how Plaintiff

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is supporting himself or if he is dependent upon another individual who would be able to pay the filing

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fee.” (Doc. 2 at 2.) The Court cannot presume that Plaintiff meets the requirements to proceed without

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paying the filing fee. Such a finding may only be based upon “an affidavit that includes a statement of

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all assets such person . . . possesses [and] that the person is unable to pay such fees or give security

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therefor.” 28 U.S.C. § 1915(a).

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Based upon the foregoing, IT IS HEREBY ORDERED:

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1.

The Order to Show Cause dated May 13, 2015 (Doc. 4) is DISCHARGED;

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2.

Plaintiff is GRANTED an extension of time, and SHALL file an amended application
to proceed in forma pauperis within 30 days of the date of service of this order; and

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3.

Plaintiff is advised that failure to comply with this order will result in denial of his
application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

May 29, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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