Coronado v. Commissioner of Social Security

Filing 5

ORDER Requiring Plaintiff to File Long Application to Proceed In Forma Pauperis signed by Magistrate Judge Stanley A. Boone on 06/09/2015. Motion for IFP due by 7/2/2015. (Attachments: # 1 IFP Application)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSALINDA CORONADO,
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO FILE
LONG FORM APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.

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Case No. 1:15-cv-00806-SAB

COMMISSIONER OF SOCIAL SECURITY,

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TWENTY (20) DAY DEADLINE

Defendant.

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On May 28, 2015, Plaintiff Rosalinda Coronado (“Plaintiff”) filed an application to

18 proceed in forma pauperis. (ECF No. 3.) In order to proceed in court without prepayment of the
19 filing fee, Plaintiff must submit an affidavit demonstrating that he “is unable to pay such fees or
20 give security therefor.” 28 U.S.C. § 1915(a)(1). In assessing whether a certain income level
21 meets the poverty threshold under Section 1915(a)(1), courts look to the federal poverty
22 guidelines developed each year by the Department of Health and Human Services. See, e.g.,
23 Lint v. City of Boise, No. CV09-72-S-EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009)
24 (and cases cited therein).
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Plaintiff’s application states that her husband earns $2,500.00 per month working in a

26 cheese factory in Modesto, California. Plaintiff’s application further states that no persons are
27 dependent upon Plaintiff for support.
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The 2015 Poverty Guidelines for the 48 contiguous states for a household of two is

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2 $15,930. 2015 Poverty Guidelines, http://aspe.hhs.gov/poverty/15poverty.cfm (last visited June
3 8, 2015).

Plaintiff’s household income is $30,000.00, based on the information regarding

4 Plaintiff’s husband’s income.
Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed

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6 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff wishes to
7 submit any other information relevant to her request to proceed in forma pauperis which is not
8 covered by the form application, Plaintiff may submit that information in a separately filed brief.
Based upon the foregoing, it is HEREBY ORDERED that:

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1.

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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;

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2.

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Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the

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$400.00 filing fee for this action, or (2) complete and file the enclosed

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Application to Proceed in District Court Without Prepaying Fees or Costs (Long

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Form) – AO 239; and
3.

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Plaintiff is forewarned that failure to comply with this order may result in denial
of her application to proceed in forma pauperis and/or dismissal of this action.

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IT IS SO ORDERED.

20 Dated:

June 9, 2015
UNITED STATES MAGISTRATE JUDGE

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