Pannell v. Commissioner of Social Security
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/2014 ORDERING 2 that Plaintiff's Motion to Proceed in forma pauperis is DENIED without prejudice; Within 28 days of this order, plaintiff shall either submit a properly completed amen ded application to proceed in forma pauperis addressing the above deficiencies, or pay the applicable filing fee. Plaintiff's failure to file an amended application or pay the filing fee by the required deadline may result in dismissal of the action pursuant to FRCP 41(b). (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRAD PANNELL,
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Plaintiff,
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No. 2:14-cv-1514-KJN
v.
COMMISSIONER OF SOCIAL
SECURITY,
ORDER
Defendant.
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Plaintiff, represented by counsel, has requested leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915. (ECF No. 2.)1 Generally, a filing fee of $400 is presently required
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to commence a civil action in this court. However, the court may authorize the commencement
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of an action “without prepayment of fees or security therefor” by a person that is unable to pay
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such fees or provide security therefor. 28 U.S.C. § 1915(a)(1).
Plaintiff’s application to proceed in forma pauperis is incomplete and/or unclear in several
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respects. First, although the affidavit in support of the application was apparently signed by
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plaintiff Brad Pannell, the introductory language states “I, Edwin Mezquita, declare that I am the
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plaintiff in the above-entitled proceeding….” (ECF No. 2.) Although this was no doubt an
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inadvertent mistake in modifying an essentially boilerplate template form, the error raises
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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).
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questions about whether some of the other information on the form could also possibly relate to
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Mr. Mezquita as opposed to Mr. Pannell. Second, the court notes that the answer to question five
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is incomplete, because although it states that plaintiff owns property, the answer fails to describe
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the property and estimate its value.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied without
prejudice.
2. Within 28 days of this order, plaintiff shall either submit a properly completed
amended application to proceed in forma pauperis addressing the above deficiencies,
or pay the applicable filing fee.
3. Plaintiff’s failure to file an amended application or pay the filing fee by the required
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deadline may result in dismissal of the action pursuant to Federal Rule of Civil
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Procedure 41(b).
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IT IS SO ORDERED.
Dated: August 4, 2014
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