Clemons 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 7/13/2016. Amended IFP motion due within 14 days. (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 12 13 14 15 16 17 ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) ) MARIANNE H. CLEMONS, Case No.: 1:16-cv-00981- JLT ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED MOTION TO PROCEED IN FORMA PAUPERIS Plaintiff Marianne Clemons seeks judicial review of an administrative decision denying her 18 claim for Social Security benefits. (Doc. 1) Plaintiff filed a motion to proceed in forma pauperis with 19 the complaint on July 8, 2016. (Doc. 8) 20 The Court may authorize the commencement of an action without prepayment of fees “by a 21 person who submits an affidavit that includes a statement of all assets such person . . . possesses [and] 22 that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court 23 has reviewed the application and the information provided is insufficient to determine whether 24 Plaintiff satisfies the requirements of 28 U.S.C. § 1915(a). 25 According to her application, Plaintiff is not employed, and $177 in savings. (Doc. 2 at 1-2) 26 Further, Plaintiff claims that she does not have any income and does not possess real estate, stocks, 27 bonds, securities, other financial instruments, an automobile, or other things of value. Id. 28 Consequently, the Court is unable to determine how Plaintiff is supporting herself, or if she is 1 1 dependent upon another individual who would be able to pay the filing fee. 2 Accordingly, Plaintiff is ORDERED to file, within fourteen days of this order, an application 3 that includes information on how Plaintiff is supporting herself, or her dependence on another. Upon 4 receipt of this information, the Court will resume consideration of Plaintiff’s motion to proceed in 5 forma pauperis. Plaintiff is warned that failure to comply with this order may result in denial of her 6 application to proceed in forma pauperis. 7 8 9 10 IT IS SO ORDERED. Dated: July 13, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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