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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE RIOS,

Case No. 1:17-cv-00728-SAB
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO FILE
LONG FORM APPLICATION

v.

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(ECF No. 2)
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COMMISSIONER OF SOCIAL SECURITY,
TWENTY DAY DEADLINE

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Defendant.

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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.
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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
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Based upon the foregoing, it is HEREBY ORDERED that:

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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;

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2.

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Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the

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$400.00 filing fee for this action, or (2) complete and file the enclosed

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Application to Proceed in District Court Without Prepaying Fees or Costs (Long

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Form) – AO 239; and
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If Plaintiff fails to comply with this order, this action shall be dismissed.

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IT IS SO ORDERED.

11 Dated:

May 26, 2017
UNITED STATES MAGISTRATE JUDGE

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