West v. Colvin

Filing 4

ORDER Requiring Clarification of Application to Proceed In Forma Pauperis. Signed by Judge Phyllis J. Hamilton on 1/22/2013. (hlkS, COURT STAFF) (Filed on 1/22/2013) (Additional attachment(s) added on 1/22/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIANA LYNN WEST,

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Plaintiff,

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v.
COMMISSIONER OF SOCIAL
SECURITY,

No. C 13-00087 PJH
ORDER REQUIRING CLARIFICATION
OF APPLICATION TO PROCEED
IN FORMA PAUPERIS

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For the Northern District of California

United States District Court

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Defendant.
_______________________________/
Plaintiff Diana Lynn West has filed an application to proceed in forma pauperis, in

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which she states that she has not received any federal or state welfare payments in the

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past twelve months. Doc. no. 2 ¶ 2.e. The complaint, however, attaches a letter from the

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Social Security Administration dated July 31, 2012, indicating that plaintiff’s Supplemental

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Security Income payment is $854.40, beginning January 2012. Plaintiff is ordered to file an

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affidavit or amended IFP application which explains or clarifies this apparent discrepancy.

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Further, plaintiff names “U.S.D.C. for the Eastern District of California” as a

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defendant in the caption. Because plaintiff is a resident of San Francisco, it appears that

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venue is appropriate in this judicial district, rather than the Eastern District of California. If

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naming the United States District Court for the Eastern District of California was an error,

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plaintiff is directed to remove that reference in future filings. If plaintiff intends to name the

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District Court as a party in this action, however, she must amend the complaint to state

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what claims are brought against the District Court.

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IT IS SO ORDERED.
Dated: January 22, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge