(SS) Slover v. Commissioner of Social Security

Filing 3

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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:21-cv-01089-BAM

DANIEL JAMES SLOVER,

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ORDER REQUIRING PLAINTIFF TO FILE
LONG FORM APPLICATION TO
PROCEED IN FORMA PAUPERIS

Plaintiff,

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v.

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(Doc. No. 2)

KILOLO KIJAKAZI1, Acting Commissioner
of Social Security,

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THIRTY-DAY DEADLINE

Defendant.

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On July 14, 2021, Plaintiff Daniel James Slover (“Plaintiff”), filed the instant action. (Doc.

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No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2).

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Plaintiff’s application is insufficient for the Court to determine if he is entitled to proceed

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without prepayment of fees in this action. The application itself is clear. However, the Plaintiff

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signed and dated the application on December 10, 2019. (Id. at 2.) Based on the date of the form,

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the Court can be unsure as to the accuracy of the information.

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Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed

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in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is

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Kilolo Kijakazi is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules
of Civil Procedure, Kilolo Kijakazi is substituted for Acting Commissioner Andrew M. Saul as the defendant in
this suit.

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unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in

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full.

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Based upon the foregoing, it is HEREBY ORDERED that:

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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;

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2. Within thirty (30) days of the date of this order, Plaintiff shall either (1) pay the

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$402.00 filing fee for this action, or (2) complete and file the enclosed Application to

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Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239;

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and

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3. If Plaintiff fails to comply with this order, this action shall be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 16, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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