Bennett v. Commissioner of Social Secuity

Filing 5

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 10/10/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD BENNETT,

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Plaintiff,

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Case No. 19-cv-05805-SI
ORDER TO SHOW CAUSE

v.
COMMISSIONER OF SOCIAL
SECURITY,

United States District Court
Northern District of California

Defendant.
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On September 17, 2019, plaintiff Ronald Bennett, who is represented by counsel, filed this

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case to appeal the denial of his application for Social Security Disability Insurance and

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Supplemental Security Income. Dkt. No. 1. Plaintiff also attached to the complaint an application

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to proceed without prepayment of the court filing fees. See Dkt. No. 1-2. The Clerk’s Office

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instructed plaintiff that applications to proceed without prepayment of fees must be filed separately

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from the complaint, and plaintiff re-filed his application on September 22, 2019. Dkt. No. 4. On

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September 25, 2019, the Clerk’s Office issued a notice that plaintiff had used an outdated application

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to proceed in forma pauperis (“IFP”) and instructed plaintiff to use the form located on this District’s

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website at https://www.cand.uscourts.gov/civilforms. On October 4, 2019, the Clerk’s Office again

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contacted plaintiff’s counsel about re-filing the application with the correct form.

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There are several problems with the IFP application that plaintiff filed. First, plaintiff used

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an outdated form, AO 240 (Rev. 12/03). See Dkt. No. 4 (emphasis added). Second, by failing to

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use the form on this District’s website, plaintiff omitted information that this District requires, such

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as his gross salary, whether he is married, and what his monthly expenses are. The Court cannot

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rule on plaintiff’s application until it has more complete information regarding plaintiff’s finances.

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As of the date of this Order, plaintiff has filed nothing further on the docket and has not
responded to the Court’s inquiries.

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Accordingly, plaintiff is ORDERED TO SHOW CAUSE why his application to proceed

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IFP should not be denied. Plaintiff may show cause by filing a new, complete IFP application,

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using the form available on this District’s website, no later than October 24, 2019. Failure to

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file a full IFP application using the appropriate form by October 24, 2019, will result in the Court

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denying plaintiff’s application and ordering that plaintiff pay the court filing fee.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: October 10, 2019
______________________________________
SUSAN ILLSTON
United States District Judge

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