Kovalenko v. Commissioner of Social Security
Filing
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ORDER DIRECTING PLAINTIFF to File a Second Amended Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2017. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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PAVEL KOVALENKO,
Case No.: 1:17-cv-0166 - JLT
ORDER DIRECTING PLAINTIFF TO FILE A
SECOND AMENDED MOTION TO PROCEED IN
FORMA PAUPERIS
Pavel Kovalenko seeks to proceed in forma pauperis in this action. (Doc. 3, 5) Toward that end,
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on February 3, 2017, Plaintiff submitted an affidavit, signed under penalty of perjury, in which he
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indicated that he was not employed and had no income for the past twelve months. (Doc. 3 at 1)
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Plaintiff indicated he did not possess real estate, stocks, bonds, securities, other financial instruments,
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an automobile, or other things of value—and has no money in a bank account. (Id. at 2) In addition,
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Plaintiff indicated he did not have any expenses including no housing or transportation expenses. (Id.)
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Because the Court was unable to determine if Plaintiff was supporting himself or if he was dependent
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upon another individual who could pay the filing fee, the Court ordered him to file “an application that
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includes information on how Plaintiff is supporting himself, or his dependence on another.” (Doc. 4 at
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2)
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Plaintiff filed a second application to proceed in forma pauperis on February 9, 2017, again
which he signed under penalty of perjury. (Doc. 5) In this application, Plaintiff again reports that he
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has not received any income for the past twelve months. (Id. at 1) Plaintiff now reports he has $50.00
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in a bank account and owns a 2015 Toyota Yaris vehicle. (Id. at 2) In addition, Plaintiff asserts that he
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has monthly expenses, which include $725 in rent and $450 for utilities. (Id.) Once again, however,
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Plaintiff fails to provide any information regarding how he is supporting himself financially, or
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whether he is dependent upon another individual who may pay the filing fee.
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Accordingly, Plaintiff is ORDERED to file, within fourteen days of this order, an application
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that includes information on how Plaintiff is supporting himself, or his dependence on another. The
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plaintiff is advised that the Court is significantly concerned that he is making statements under penalty
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of perjury that cannot be true. Plaintiff is reminded that he has an obligation of absolute honesty to the
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Court and, of course, signing a document under penalty of perjury means that he is subject to
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prosecution if his statements are untrue.
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Plaintiff is warned that his failure to provide complete and accurate information as
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ordered will result in recommendation that his application to proceed in forma pauperis be
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denied.
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IT IS SO ORDERED.
Dated:
February 21, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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