Rios v. Commissioner of Social Security

Filing 3

ORDER Requiring Plaintiff to File Long Form Application or Pay Filing Fee, in the amount of $400.00,signed by Magistrate Judge Stanley A. Boone on 05/26/17. (IFP or Filing Fee due: 20-Day Deadline) (Attachments: # 1 IFP Application - Long Form)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JORGE RIOS, Case No. 1:17-cv-00728-SAB Plaintiff, 13 ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION v. 14 (ECF No. 2) 15 COMMISSIONER OF SOCIAL SECURITY, TWENTY DAY DEADLINE 16 Defendant. 17 18 Plaintiff Jorge Rios (“Plaintiff”) filed the complaint in this action on May 25, 2017, 19 challenging the Commissioner of Social Security’s denial of benefits. (ECF No. 1.) Plaintiff did 20 not pay the filing fee in this action and instead filed an application to proceed in forma pauperis 21 pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, Plaintiff’s application was not adequately 22 completed. Plaintiff did not respond to the questions asking him if he is currently employed and 23 if he has received any money in the past 12 months. The form is insufficient to determine if he is 24 entitled to proceed without prepayment of fees in this action. 25 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 26 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 27 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 28 full. 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: May 26, 2017 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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