Cole v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Sandra M. Snyder on 6/22/2015 denying 2 Motion to Proceed IFP. Within 30-days, Plaintiff shall either re-file a completed IFP Application or pay the filing fee. (Filing Deadline: 7/27/2015). (Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JEANNEE C. COLE, 8 9 10 11 12 Plaintiff, Case No. 1:15-CV-00928-SMS ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Doc. 2 Defendant. 13 14 15 Plaintiff Jeannee C. Cole, through her attorney, filed an application to proceed in forma pauperis on June 18, 2015. Doc. 2. Plaintiff submitted a declaration required by 28 U.S.C. § 1915(a), 16 but it is incomplete. 17 18 Title 28 U.S.C. § 1915(a)(1) provides that “any court of the United States may authorize the 19 commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or any 20 appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit 21 that includes a statement of all assets such [person] […] possesses that the person is unable to pay 22 such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Although an applicant need not be 23 absolutely destitute, the affidavit should establish that one cannot, because of poverty, pay or give 24 security for the costs and still be able to provide himself and dependents with the necessities of life. 25 26 27 28 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). Here, Plaintiff declares that she is not incarcerated and she is not currently employed. She has failed to respond to question 2.b. identifying the date of her last employment, the amount of her 1 1 take-home salary or waves and pay period, and the name and address of her last employer. Plaintiff 2 declares in question three that she has not received money from any source whatsoever, and, in 3 questions four and five, that she has no cash, savings, or assets. However, she lists in response to 4 question six that she contributes 100% of the support for her daughter and son. 5 6 Plaintiff must respond accurately to all questions on the declaration in support of her application to proceed without prepayment of fees. Plaintiff must answer question 2.b., and identify 7 8 9 10 what sources of income she has such that she is able to contribute to 100% of her daughter and son’s support. Hence, it is ORDERED that Plaintiff’s application to proceed in forma pauperis is DENIED. 11 Within thirty (30) days of entry of this order, Plaintiff shall either re-file a completed application to 12 proceed in forma pauperis OR pay the filing fee. 13 IT IS SO ORDERED. 14 DATED: 6/22/2015 15 /s/ SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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