Bustos v. Commissioner of Social Security

Filing 3

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT V. BUSTOS, 11 Plaintiff, 12 13 14 15 16 No. 2:11-cv-01953 KJN v. COMMISSIONER OF SSA, ORDER Defendant. / Plaintiff, who is proceeding with counsel, has not paid the fee ordinarily required 17 to file an action in this court and also filed an incomplete application to proceed without the 18 prepayment of fees and costs, also known as an application to proceed “in forma pauperis” (Dkt. 19 No. 2). See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff failed to answer questions on the 20 application regarding potential sources of income over the prior 12 months from the following 21 sources: “Business, profession or form of self-employment”; “Rent Payments, interest or 22 dividends”; “Pensions, annuities or life insurance payments”; and “Gifts or inheritances.” (See 23 Application at 2.) Without a completed application, the court is unable to properly evaluate 24 whether plaintiff is entitled to proceed in forma pauperis. Accordingly, plaintiff’s application to 25 proceed in forma pauperis is denied without prejudice, and plaintiff may submit either: (1) a 26 completed application to proceed in forma pauperis, or (2) the appropriate filing fee. 1 1 For the reasons stated above, IT IS HEREBY ORDERED that: 2 1. 3 4 Plaintiff application to proceed in forma pauperis (Dkt. No. 2) is denied without prejudice. 2. Within 21 days of the date of this order, plaintiff shall submit either a 5 completed application in support of his request to proceed in forma pauperis, or the appropriate 6 filing fee. Plaintiff’s failure to comply with this order will result in a recommendation that his 7 application to proceed in forma pauperis be denied. 8 DATED: August 4, 2011 9 10 11 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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