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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEANNEE C. COLE,

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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.

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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),

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but it is incomplete.
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Title 28 U.S.C. § 1915(a)(1) provides that “any court of the United States may authorize the

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commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or any

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appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit

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that includes a statement of all assets such [person] […] possesses that the person is unable to pay

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such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Although an applicant need not be

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absolutely destitute, the affidavit should establish that one cannot, because of poverty, pay or give

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security for the costs and still be able to provide himself and dependents with the necessities of life.
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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
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take-home salary or waves and pay period, and the name and address of her last employer. Plaintiff

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declares in question three that she has not received money from any source whatsoever, and, in

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questions four and five, that she has no cash, savings, or assets. However, she lists in response to

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question six that she contributes 100% of the support for her daughter and son.

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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

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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.

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Within thirty (30) days of entry of this order, Plaintiff shall either re-file a completed application to

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proceed in forma pauperis OR pay the filing fee.

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IT IS SO ORDERED.

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DATED: 6/22/2015
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/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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