Guerrero v. Commissioner of Social Security

Filing 4

ORDER to SHOW CAUSE, signed by Magistrate Judge Stanley A. Boone on 4/26/16: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLAUDIA GUERRERO,
Plaintiff,

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ORDER TO SHOW CAUSE

v.

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Case No. 1:16-cv-00573-SAB

COMMISSIONER OF SOCIAL SECURITY.
Defendant.

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Plaintiff Claudia Guerrero filed a social security complaint on April 23, 2016. (ECF No.

18 1.) Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in
19 forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 3.)
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The Court may authorize the commencement of an action without prepayment of fees for

21 “a person who submits an affidavit that includes a statement of all assets such person . . .
22 possesses [and] that the person is unable to pay such fees or give security thereof.” 28 U.S.C. §
23 1915(a). At this time, the Court is unable to determine whether the requirements of 28 U.S.C. §
24 1915(a) are satisfied because the in forma pauperis application is incomplete. The application to
25 proceed in forma pauperis should state all assets such person possesses. See 28 U.S.C. §
26 1915(a).
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Plaintiff indicates that her father is dependent on her for support and that she sometimes

28 contributes $50.00 to his support.

However, she states that she does not have any cash,

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1 checking, or savings accounts, she has nothing of value, she has not received any money from
2 any sources in the past 12 months, and she is not currently employed. It is unclear how Plaintiff
3 contributes $50.00 to her father’s support when she has no assets and has not received any
4 money from any sources in the past 12 months.
Plaintiff must disclose any financial support she receives from others as part of her in

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6 forma pauperis application. All assets and sources of money must be disclosed. An in forma
7 pauperis application must state sufficient information for the Court to determine the ability to
8 pay the costs of litigation.
Accordingly, IT IS HEREBY ORDERED that Plaintiff is ORDERED TO SHOW

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10 CAUSE within fourteen (14) days from the date of service of this order why she should be
11 allowed to proceed in forma pauperis in this action. In the alternative, Plaintiff may pay the full
12 $400.00 filing fee by the Court’s deadline.
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IT IS SO ORDERED.

16 Dated:

April 26, 2016
UNITED STATES MAGISTRATE JUDGE

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