Robbin Dee Rowe 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 3/21/2016. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBBIN DEE ROWE, 12 Plaintiff, 13 14 15 16 17 v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00355 – JLT ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED MOTION TO PROCEED IN FORMA PAUPERIS Plaintiff Robbin Dee Rowe seeks to proceed in forma pauperis in this action for judicial 18 review of the administrative decision denyin an application for Social Security benefits. (Doc. 2) The 19 Court may authorize the commencement of an action without prepayment of fees “by a person who 20 submits an affidavit that includes a statement of all assets such person . . . possesses [and] that the 21 person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court has 22 reviewed the application and the information provided is insufficient to determine whether Plaintiff 23 satisfies the requirements of 28 U.S.C. § 1915(a). 24 According to the application, Plaintiff is currently employed, and has received income from a 25 “[b]usiness, profession or other self-employment” during the last twelve months. (Doc. 2 at 1) 26 However, Plaintiff fails to prove any information regarding “the amount of [the] take-home salary or 27 wages and pay period,” or to “give the name and address of [the] employer,” as is directed on the 28 application. (Id.) In addition, Plaintiff fails to identify the amount of money received in the past 1 1 twelve months or the amount Plaintiff expects “to continue to receive.” (See id.) Consequently, the 2 application is incomplete, and the Court is unable to determine whether Plaintiff satisfies the 3 requirements of 28 U.S.C. § 1915(a). 4 Accordingly, Plaintiff is ORDERED to file, within fourteen days of this order, a complete 5 application that includes the information identified above, and as indicated on the application form. 6 Upon receipt of this information, the Court will resume consideration of Plaintiff’s motion to proceed 7 in forma pauperis. Plaintiff is warned that failure to comply with this order may result in denial of the 8 application to proceed in forma pauperis. 9 10 11 12 IT IS SO ORDERED. Dated: March 21, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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