Kovalenko v. Commissioner of Social Security

Filing 6

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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