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)

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