Bustos v. Commissioner of Social Security
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/11 ORDERING that Plaintiff application to proceed in forma pauperis 2 is denied without prejudice; w/i 21 days of this order, plaintiff shall submit either a completed application in support of his request to proceed in forma pauperis, or the appropriate filing fee. Plaintiff's failure to comply with this order will result in a recommendation that his application to proceed in forma pauperis be denied.(Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT V. BUSTOS,
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Plaintiff,
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No. 2:11-cv-01953 KJN
v.
COMMISSIONER OF SSA,
ORDER
Defendant.
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Plaintiff, who is proceeding with counsel, has not paid the fee ordinarily required
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to file an action in this court and also filed an incomplete application to proceed without the
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prepayment of fees and costs, also known as an application to proceed “in forma pauperis” (Dkt.
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No. 2). See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff failed to answer questions on the
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application regarding potential sources of income over the prior 12 months from the following
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sources: “Business, profession or form of self-employment”; “Rent Payments, interest or
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dividends”; “Pensions, annuities or life insurance payments”; and “Gifts or inheritances.” (See
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Application at 2.) Without a completed application, the court is unable to properly evaluate
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whether plaintiff is entitled to proceed in forma pauperis. Accordingly, plaintiff’s application to
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proceed in forma pauperis is denied without prejudice, and plaintiff may submit either: (1) a
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completed application to proceed in forma pauperis, or (2) the appropriate filing fee.
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For the reasons stated above, IT IS HEREBY ORDERED that:
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1.
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Plaintiff application to proceed in forma pauperis (Dkt. No. 2) is denied
without prejudice.
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Within 21 days of the date of this order, plaintiff shall submit either a
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completed application in support of his request to proceed in forma pauperis, or the appropriate
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filing fee. Plaintiff’s failure to comply with this order will result in a recommendation that his
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application to proceed in forma pauperis be denied.
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DATED: August 4, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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