(SS) Viera v. Commissioner of Social Security

Filing 3

ORDER REQUIRING Plaintiff to File Long Form Application to Proceed In Forma Pauperis; Thirty (30) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 9/14/2020. (Attachments: # 1 Long Form IFP Application)(Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINA IRENE VIERA, Plaintiff, 12 ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS v. 13 14 Case No. 1:20-cv-01301-BAM COMMISSIONER OF SOCIAL SECURITY, Defendant. 15 (Doc. No. 2) THIRTY (30) DAY DEADLINE 16 17 On September 11, 2020, Plaintiff Regina Irene Viera (“Plaintiff”), proceeding through 18 counsel, filed the complaint in this action. (Doc. No. 1.) Plaintiff did not pay the filing fee and 19 instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 20 No. 2). However, Plaintiff’s application demonstrates that she may be receiving income well 21 above the poverty threshold, and the information is insufficient for the Court to determine if she 22 is entitled to proceed without prepayment of fees in this action. 23 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 24 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 25 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 26 full. 27 Based upon the foregoing, it is HEREBY ORDERED that: 28 1. The Clerk of the Court is directed to forward an Application to Proceed in District 1 1 Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 2 2 Within thirty (30) days of the date of this order, Plaintiff shall either (1) pay the 3 $400.00 filing fee for this action, or (2) complete and file the enclosed Application to Proceed in 4 District Court Without Prepaying Fees or Costs (Long Form) – AO 239; and 5 3. If Plaintiff fails to comply with this order, this action shall be dismissed. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara September 14, 2020 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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