Phou v. Commissioner of Social Security

Filing 5

ORDER GRANTING 4 Amended Motion to Proceed IFP signed by Magistrate Judge Sandra M. Snyder on 7/19/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JENIFFER SAVEIN PHOU,

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Plaintiff,

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v.

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ORDER GRANTING AMENDED
APPLICATION TO PROCEED
IN FORMA PAUPERIS

CAROLYN W. COLVIN,
Acting Commissioner Of Social Security,

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Case No. 1:16-cv-00782-SMS

Defendant.

(Doc. 4)

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On June 7, 2016, the Court denied Plaintiff Jennifer Phou’s application to proceed in forma

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pauperis. Doc. 3. Because the application was incomplete, the Court could not evaluate whether
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Plaintiff was sufficiently impoverished to justify proceeding without paying the filing fee for his

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lawsuit. Plaintiff was ordered to pay the filing fee or re-file a completed application within thirty

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(30) days of the order. Nearly two weeks after the 30-day deadline, Plaintiff submitted an amended

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application on July 18, 2016. Accompanying the amended application is a declaration from her

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counsel, Jacqueline A. Forslund. Therein, Ms. Forslund explained why the amended application was

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not timely filed. Satisfied with Ms. Forslund’s explanation, the Court therefore accepts the late
amended application to proceed in forma pauperis.1

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While the amended application provides a more complete picture of Plaintiff’s financial status, it
is not 100% complete. There are no answers to questions 2b and 6. Plaintiff and Ms. Forslund are
advised that motions/applications to the Court should not be completed in haste or with little regard
for the Court’s directive.

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The Court finds Plaintiff has submitted an amended application which sets forth the showing
required by 28 U.S.C. § 1915(a). Doc. 4.
Accordingly, the Court GRANTS Plaintiff’s motion to proceed in forma pauperis. The Clerk

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of Court is directed to issue the summons and new case documents. The United States Marshal is

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directed to serve a copy of the complaint, summons, and this order upon the defendant if requested by the

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plaintiff.

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IT IS SO ORDERED.
Dated:

July 19, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE