(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Case No. 1:21-cv-01089-BAM DANIEL JAMES SLOVER, 11 ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff, 12 v. 13 14 (Doc. No. 2) KILOLO KIJAKAZI1, Acting Commissioner of Social Security, 15 THIRTY-DAY DEADLINE Defendant. 16 17 On July 14, 2021, Plaintiff Daniel James Slover (“Plaintiff”), filed the instant action. (Doc. 18 No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2). 20 Plaintiff’s application is insufficient for the Court to determine if he is entitled to proceed 21 without prepayment of fees in this action. The application itself is clear. However, the Plaintiff 22 signed and dated the application on December 10, 2019. (Id. at 2.) Based on the date of the form, 23 the Court can be unsure as to the accuracy of the information. 24 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 25 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 26 27 28 1 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. 1 1 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 2 full. 3 Based upon the foregoing, it is HEREBY ORDERED that: 4 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; 5 6 2. Within thirty (30) days of the date of this order, Plaintiff shall either (1) pay the 7 $402.00 filing fee for this action, or (2) complete and file the enclosed Application to 8 Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239; 9 and 10 3. If Plaintiff fails to comply with this order, this action shall be dismissed. 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara July 16, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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