Fuller v. Commissioner of Social Security

Filing 3

ORDER DIRECTING PLAINTIFF to File an Amended Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 2/19/2016. Amended motion due within 14 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLY EARL FULLER,
Plaintiff,

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

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Case No.: 1:16-cv-00216 – JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Plaintiff Willy Earl Fuller seeks to proceed in forma pauperis in this action. (Doc. 2) The Court

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may authorize the commencement of an action without prepayment of fees “by a person who submits

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an affidavit that includes a statement of all assets such person . . . possesses [and] that the person is

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unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court has reviewed the

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application and the information provided is insufficient to determine whether Plaintiff satisfies the

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requirements of 28 U.S.C. § 1915(a).

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According to his application, Plaintiff is not employed, and has no income other than

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government general relief. (Doc. 2 at 1) Further, Plaintiff notes he does not possess real estate, stocks,

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bonds, securities, other financial instruments, an automobile, or other things of value. (Id. at 2.)

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Consequently, the Court is unable to determine how Plaintiff is supporting himself, or if Plaintiff is

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dependent upon another individual who would be able to pay the filing fee.

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Accordingly, within fourteen days, Plaintiff is ORDERED to file an amended application
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that explains how Plaintiff is supporting himself. Upon receipt of this information, the Court will

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resume consideration of Plaintiff’s motion to proceed in forma pauperis. Plaintiff is warned that

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failure to comply with this order may result in denial of his application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

February 19, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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