Yesipovich v. Colvin

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/12/2014 ORDERING within 21 days from the date of this order, plaintiff shall submit the appropriate fee to the Clerk; Clerk is directed to serve the undersigned's scheduling order in social security cases. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUBA YESIPOVICH,

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No. 2:14-cv-1869 CKD

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis.

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action in

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federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for

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civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an

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action “without prepayment of fees and costs or security therefor, by a person who makes

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affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).

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Plaintiff’s assets include $29,000 in stocks. Thus, plaintiff has made an inadequate showing of

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indigency. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California

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Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F.

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Supp. 316, (N.D. Cal. 1994). Plaintiff will therefore be granted twenty-one days in which to

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submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay the
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filing and general administrative fees in the amount of $400 will result in a recommendation that

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the application to proceed in forma pauperis be denied and the instant action be dismissed without

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prejudice.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Within twenty-one days from the date of this order, plaintiff shall submit the

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appropriate fees to the Clerk of the Court.
2. The Clerk of the Court is directed to serve the undersigned’s scheduling order in social

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security cases.

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Dated: August 12, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 yestipovich.ifp.den

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