Kasinger v. Commissioner of Social Security

Filing 4

ORDER Requiring the Filing of an Amended In Forma Pauperis Application 2 , signed by Magistrate Judge Gary S. Austin on 10/5/17: Amended IFP or Filing Fee due 10/20/2017. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TRISTAN KASINGER,

17-cv-1254 GSA

12
Plaintiff,

13
14
15
16
17

ORDER REQUIRING THE FILING OF AN
AMENDED IN FORMA PAUPERIS
APPLICATION

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

(Doc. 2)

18
19
20
21

On September 19, 2017, Plaintiff Tristan Kasinger filed a Motion to Proceed In Forma

22

Pauperis (“IFP”). (Doc. 2). A review of the document reveals that it is incomplete. For example,

23

item 4 requires that the applicant list the amount he has in cash, checking, or savings accounts.

24

This item is left blank. (Doc. 2 pg. 2). Moreover, the application is not signed or dated. (Doc. 2

25

pg. 2). Finally, the Court has some concerns regarding Plaintiff’s eligibility for a fee waiver as he

26

has indicated that his wife makes $50,000.00 per year. The 2017 United States poverty guidelines

27

for a family of two is $16,240.00 per year which is one indicator the Court uses to determine

28

eligibility. https://aspe.hhs.gov/poverty-guidelines. Plaintiff’s family income is more than three
1

1

the national poverty guideline. As such, Plaintiff shall file an amended application which is

2

complete and includes an explanation why this Court should grant in forma pauperis to Plaintiff

3

given his financial situation.

4

The Court is unable to process this application until this information is completed.

5

Therefore, Plaintiff shall file an amended application no later than October 20, 2017.

6

Alternatively, Plaintiff may pay the $400.00 fee by this same date. Plaintiff’s counsel is reminded

7

that it is important to review IFP applications for completeness and accuracy prior to filing the

8

document in order to prevent delays and to promote judicial efficiency. Counsel is advised that

9

a failure to respond to this Court may result in the imposition of sanctions.

10
11
12

IT IS SO ORDERED.
Dated:

October 5, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2