Londono v. Commissioner of Social Security

Filing 4

ORDER Denying 3 Motion to Proceed in Forma Pauperis without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 12/21/16. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIERDRA LONDONO, 12 13 14 15 16 Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY., 1:16-cv-01897-EPG ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (ECF No. 3) Defendant. 17 18 19 20 21 22 On December 19, 2016, Plaintiff Dierdra Londono filed a complaint seeking judicial review of a final decision by the Commissioner of Social Security (“Commissioner”) denying her application for disability benefits. Additionally, Plaintiff simultaneously filed a motion to proceed in forma pauperis (“IFP application”). (ECF No. 3.) As an initial matter, the IFP application is made by “Dierdra L. Burston.” However, the 23 docket indicates that the complaint was filed Plaintiff Dierdra Londono. The complaint states 24 that this case was initiated by “Dierdra Burston Londono.” (ECF No. 1.) While the Court can 25 surmise that the IFP applicant is likely the same person as the person initiating this case, the 26 IFP application should accurately reflect the name of Plaintiff. This inconsistency can be fixed 27 upon re-filing the IFP application. 28 1 1 Second, question 3 of the IFP asks whether Plaintiff has received any money from other 2 sources, to which Plaintiff responded in the affirmative. The second part of the question asks 3 the applicant to provide details concerning the source of money, the amount received and what 4 you expect you will continue to receive. Plaintiff answered only that “[m]y husband supports 5 me.” The Court requires additional information in connection with this question, regarding the 6 7 8 amount of support and resources available to the husband. The Court will deny the IFP application. (ECF No. 3.) However, Plaintiff may refile an IFP application correcting the issues identified in this order. 9 10 IT IS SO ORDERED. 11 12 Dated: December 21, 2016 /s/ 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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