Ramirez v. Commissioner of Social Security

Filing 4

SECOND ORDER DIRECTING PLAINTIFF to Pay the Filing Fee or File a Motion to Proceed in Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 8/20/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VINCENT YSARRARAS RAMIREZ, SR.,

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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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Case No.: 1:15-cv-01187 - JLT
SECOND ORDER DIRECTING PLAINTIFF TO
PAY THE FILING FEE OR FILE A MOTION TO
PROCEED IN FORMA PAUPERIS

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Vincent Ysarraras Ramirez, Sr., seeks to proceed with an action against the Commissioner of

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Social Security. As a general rule, all parties instituting any civil action, suit or proceeding in a United

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States District Court must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the

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commencement of an action without the filing fee “by a person who submits an affidavit that includes a

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statement of all assets such [person] possesses that the person is unable to pay such fees or give

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security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to

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prepay the filing fee only if leave to proceed in forma pauperis (“IFP”) is granted by the Court. See

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Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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Plaintiff commenced this action by filing a complaint on July 30, 2015. (Doc. 1) However,

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Plaintiff failed to pay the requisite filing fee or to file a motion to proceed IFP. Therefore, on August

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4, 2015, the Court ordered Plantiff to either pay the filing fee or file a a motion to proceed IFP. (Doc.

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2) On August 12, 2015, Plaintiff filed a response to the Court’s order, saying he “received a denial of
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informa pauperis [but] the document was stolen...” (Doc. 3 at 1)
However, the Court has not received a request from Plaintiff to proceed IFP in this action, and

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as such, the Court has not determined whether Plaintiff saitsifies the requirements of 28 U.S.C. §

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1951(a)(1). Accordingly, the Court will grant Plaintiff an extension of time to either pay the filing fee

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or file a motion to proceed IFP in this matter.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff SHALL pay the filing fee within 21 days of service of this order, or

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2.

In the alternative, Plaintiff SHALL file a motion to proceed in forma pauperis within
21 days of service.

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3.

Failure to comply with this order will result in a recommendation that the action
be dismissed pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

August 20, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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