Mills v. Commissioner of Social Security

Filing 3

ORDER requiring Plaintiff to file long form application re 2 signed by Magistrate Judge Stanley A. Boone on 8/15/2017. (Motion for IFP due within 20-Days). (Attachments: # 1 IFP Application). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEBRA MILLS, Plaintiff, 12 13 Case No. 1:17-cv-01091-SAB ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION v. (ECF No. 2) 14 COMMISSIONER OF SOCIAL SECURITY, TWENTY DAY DEADLINE 15 Defendant. 16 17 Plaintiff Debra Mills (“Plaintiff”) filed the complaint in this action on August 14, 2017, 18 challenging the Commissioner of Social Security’s denial of benefits. (ECF No. 1.) Plaintiff did 19 not pay the filing fee in this action and instead filed an application to proceed in forma pauperis 20 pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, Plaintiff’s application was not adequately 21 completed. Plaintiff did not answer the question stating her gross pay or wages and her take22 home pay or wages. Although Plaintiff may not be employed, and therefore may not have any 23 gross pay or wages and take-home pay or wages, Plaintiff did not state that she has no pay or 24 wages. The form is insufficient to determine if she is entitled to proceed without prepayment of 25 fees in this action. 26 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 27 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 28 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 1 1 full. 2 Based upon the foregoing, it is HEREBY ORDERED that: 3 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; 4 2. 5 Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the 6 $400.00 filing fee for this action, or (2) complete and file the enclosed 7 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 8 Form) – AO 239; and 3. 9 If Plaintiff fails to comply with this order, this action shall be dismissed. 10 11 IT IS SO ORDERED. 12 Dated: August 15, 2017 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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