Ursua-Holmes vs. Commissioner of Social Security

Filing 4

ORDER DIRECTING PLAINTIFF to File an Amended Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 6/5/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERESA URSUA-HOLMES,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:15-cv-00843 - JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Plaintiff Teresa Ursua-Holmes seeks judicial review of an administrative decision denying her

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claim for Social Security benefits. (Doc. 3.) Plaintiff filed a motion to proceed in forma pauperis

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with her complaint on June 3, 2015. (Doc. 1.)

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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 her application, Plaintiff is not employed and has not been employeed for the past

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twelve months. (Doc. 1 at 1.) However, Plaintiff has a retirement income of $600 per month and

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began receiving spousal support paymnets of $1,500 per month in February 2015. (Id.) In addition,

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Plaintiff began receiving food stamps in the amount of $112 per month in February 2015. (Id.)
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Although Plaintiff reports she has only $100 in savings, she does identify any monthly expenses such

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as rent, mortgage, or car payments. (Id. at 1-2.) Further, Plaintiff does not report that she has anyone

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depending on her for support. Consquently, the Court is unable to determine why Plaintiff’s income is

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not sufficient for her to pay the filing fee, even if installments.

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Accordingly, within fourteen days of this order Plaintiff is ORDERED to file an amended

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application that includes information related to Plaintiff’s monthly expenses. Upon receipt of this

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information, the Court will resume consideration of Plaintiff’s motion to proceed in forma pauperis.

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Plaintiff is warned that failure to comply with this order may result in denial of her application to

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proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

June 5, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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