Winterton v. Commissioner of Social Security

Filing 4

ORDER Denying 2 Motion to Proceed In Forma Pauperis with Leave to Amend, signed by Magistrate Judge Sandra M. Snyder on 4/21/16. Motion for IFP Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BEATRIZ VERONICA WINTERTON, 10 Plaintiff, 11 v. 12 13 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS WITH LEAVE TO AMEND CAROLYN W. COLVIN, Acting Commissioner Of Social Security, 14 Case No. 1:16-cv-00555-SMS Defendant. (Doc. 2) 15 16 By motion filed April 19, 2016, Plaintiff Beatriz Veronica Winterton, by her attorney, 17 Monica Perales, seeks to proceed in forma pauperis. Plaintiff submitted an application which is 18 unclear and incomplete. On the application, Plaintiff was to provide information concerning her 19 employment, if she is currently employed. Plaintiff indicated she was currently employed but 20 instead provided information about her last employment. Additionally, Plaintiff did not respond to 21 the question about whether she has any cash or checking or savings accounts. Absent complete 22 information1 regarding Plaintiff’s financial situation, the Court cannot evaluate whether Plaintiff is 23 sufficiently impoverished to justify proceeding without paying the filing fee for her lawsuit. Accordingly, the Court DENIES Plaintiff’s motion to proceed in forma pauperis. Plaintiff 24 25 shall either submit an amended and complete application to proceed in forma pauperis or pay the 26 filing fee to the Clerk of the Court within thirty (30) days of this order. If Plaintiff does not pay the 27 1 28 The Court notes that Plaintiff did not include the case number in the caption of her application. If Plaintiff elects to submit an amended application, as this order permits her to do, she must provide complete case information in the caption of the application. 1 filing fee or submit an amended application, the Court shall dismiss the case for lack of prosecution 2 without further notice. 3 4 IT IS SO ORDERED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 21, 2016 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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