Pannell v. Commissioner of Social Security

Filing 3

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRAD PANNELL, 12 Plaintiff, 13 14 15 No. 2:14-cv-1514-KJN v. COMMISSIONER OF SOCIAL SECURITY, ORDER Defendant. 16 17 Plaintiff, represented by counsel, has requested leave to proceed in forma pauperis 18 pursuant to 28 U.S.C. § 1915. (ECF No. 2.)1 Generally, a filing fee of $400 is presently required 19 to commence a civil action in this court. However, the court may authorize the commencement 20 of an action “without prepayment of fees or security therefor” by a person that is unable to pay 21 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 22 23 respects. First, although the affidavit in support of the application was apparently signed by 24 plaintiff Brad Pannell, the introductory language states “I, Edwin Mezquita, declare that I am the 25 plaintiff in the above-entitled proceeding….” (ECF No. 2.) Although this was no doubt an 26 inadvertent mistake in modifying an essentially boilerplate template form, the error raises 27 1 This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15). 28 1 1 questions about whether some of the other information on the form could also possibly relate to 2 Mr. Mezquita as opposed to Mr. Pannell. Second, the court notes that the answer to question five 3 is incomplete, because although it states that plaintiff owns property, the answer fails to describe 4 the property and estimate its value. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 8 9 10 11 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 12 deadline may result in dismissal of the action pursuant to Federal Rule of Civil 13 Procedure 41(b). 14 15 IT IS SO ORDERED. Dated: August 4, 2014 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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