Wells v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 4/14/15 ORDERING that, within twenty days from the date of service of this order, Plaintiff shall submit the appropriate filing fee or file a second Application to proceed IFP.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERONICA WELLS,

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No. 2:15-cv-00791-AC

Plaintiff,
v.

ORDER

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

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On April 11, 2015, plaintiff filed a complaint challenging the decision of the

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Commissioner of Social Security (“the Commissioner”) to deny her benefits, along with an

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application to proceed in forma pauperis. ECF Nos. 1 & 2. Plaintiff’s affidavit in support of her

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in forma pauperis application is blank and does not specify whether plaintiff has any income or

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receives money from any other sources. ECF No. 2.

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

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in federal district court. 28 U.S.C. § 1914(a). 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 has submitted a blank affidavit that includes no information regarding what income, if

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any, she derives from what sources. ECF No. 2. Accordingly, plaintiff has made an inadequate
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showing of indigency. See, e.g., Thompson v. United States, 103 Fed. Cl. 16, 18–19 (2011)

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(citing 28 U.S.C. § 1915(a)(1)). Plaintiff will therefore be granted twenty days in which to

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submit either the appropriate filing fee to the Clerk of the Court or a second application to

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proceed in forma pauperis. If plaintiff decides to file a second application to proceed in forma

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pauperis she must complete the form in full. Plaintiff is cautioned that failure to pay the fee or

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file a second application to proceed in forma pauperis will result in a recommendation that the

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instant action be dismissed with prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date of

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service of this order, plaintiff shall submit the appropriate filing fee or file a second application to

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proceed in forma pauperis.

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DATED: April 14, 2015

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