Jackson v. Commissioner of Social Security

Filing 3

ORDER REQUIRING Plaintiff to File Long Form Application to Proceed Without Prepayment of Fees, signed by Magistrate Judge Stanley A. Boone on 12/28/16. Twenty Day Deadline. (Attachments: # 1 IFP Application (Long Form))(Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD JACKSON, 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES v. 13 14 Case No. 1:16-cv-01917-SAB COMMISSIONER OF SOCIAL SECURITY, (ECF No. 2) 15 Defendant. TWENTY DAY DEADLINE 16 17 Plaintiff Donald Jackson (“Plaintiff”) filed the complaint in this action appealing the 18 denial of Social Security benefits on December 23, 2016. (ECF No. 1.) Plaintiff did not pay the 19 filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 20 28 U.S.C. § 1915. However, Plaintiff’s application was not adequately completed. Plaintiff did 21 not answer the question whether he receives any gifts or inheritance. Further, Plaintiff states that 22 his brother pays the bills with the inheritance his father left for his brother, which would indicate 23 that Plaintiff may have received an inheritance for his future support. 24 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 25 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. Plaintiff must 26 disclose if he is receiving an inheritance and the amount that he receives. If Plaintiff is unwilling 27 to complete and submit the long form application, Plaintiff must pay the filing fee in full. 28 / / / 1 1 Based upon the foregoing, it is HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 3 2. 4 Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the 5 $400.00 filing fee for this action, or (2) complete and file the enclosed 6 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 7 Form) – AO 239; and 3. 8 If Plaintiff fails to comply with this order, this action shall be dismissed. 9 10 IT IS SO ORDERED. 11 Dated: December 28, 2016 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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