De Munoz v. Commissioner of Social Security

Filing 3

ORDER Requiring Plaintiff to File Long Form Application to Proceed Without Prepayment of Fees Within Twenty (20) Days signed by Magistrate Judge Stanley A. Boone on 4/10/2018. (Attachments: # 1 Long Form IFP Application). (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ALICIA HERNANDEZ DE MUNOZ, 11 Plaintiff, v. 12 13 COMMISSIONER OF SOCIAL SECURITY, Case No. 1:18-cv-00483-SAB ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES TWENTY DAY DEADLINE 14 Defendant. 15 16 17 On April 9, 2018, Plaintiff Alicia Hernandez De Munoz (“Plaintiff”) filed this action 18 seeking judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner” or “Defendant”) denying her application for disability benefits pursuant to the 20 Social Security Act. Plaintiff did not pay the filing fee in this action and instead filed an 21 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Upon review of 22 Plaintiff’s application, she indicates that her husband receives $1,455.00 per month in SSI 23 benefits and that her house has an approximate value of $330,000.00. Therefore, the Court is 24 unable to determine if Plaintiff is 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: April 10, 2018 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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