Perreira v. Spencer
ORDER REQUIRING SIGNING OF COMPLAINT AND ADDITIONAL INFORMATION ON IFP APPLICATION (SI, COURT STAFF) (Filed on 9/20/2010)
Perreira v. Spencer
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. PETER SPENCER, Defendant. / EMMA JEAN PERREIRA, Plaintiff, No. C 10-03482 SI ORDER REQUIRING SIGNING OF COMPLAINT AND ADDITIONAL INFORMATION ON IFP APPLICATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
On August 9, 2010, a complaint for review of a decision of the Commissioner of the Social Security Administration for "child disability benefits," and an application to proceed in forma pauperis, were filed with this Court. The complaint and the IFP application were not signed. It appears that both were filed on behalf of Emma Jean Perreira (the claimant) by her grandmother, Maureen Francis Dunne (the wage earner). As an initial matter, the complaint must be signed. If Ms. Dunne is seeking to represent Ms. Perreira, she must sign the complaint. With respect to the IFP application, Ms. Dunne has submitted financial information about Ms. Perreira. However, where leave to proceed in forma pauperis is sought to vindicate the alleged substantive rights of a minor, the financial resources of both the minor and the parent or guardian should be considered in determining ability to pay the costs of litigation. See, e.g., Xiangyuan Zhu v. Countrywide Realty Co., 148 F. Supp. 2d 1154, 1156 (D. Kan. 2001). If Ms. Dunne wishes to proceed IFP on behalf of Ms. Perreira, she must submit a revised IFP application listing her own resources, as well as the resources of Ms. Perreira. The revised IFP application must be signed by Ms. Dunne.
1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010.
The signed complaint and revised IFP application shall be submitted no later than October 12,
IT IS SO ORDERED.
Dated: September 20, 2010
SUSAN ILLSTON United States District Judge
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