Washington-Wheeler v. Social Security, Commissioner

Filing 4

ORDER to Supplement Plaintiff's Application [#2]. Signed by Magistrate Judge Steven D Pepe. (VSim)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Brenda K. Washington-Wheeler, Plaintiff, vs. DISTRICT JUDGE ANNA DIGGS TAYLOR MAGISTRATE JUDGE STEVEN D. PEPE COMMISSIONER OF SOCIAL SECURITY, Defendant. =============================/ ORDER TO SUPPLEMENT PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS (Dkt. #2) On November 28, 2008, Plaintiff filed an application to proceed in forma pauperis (Dkt. #2). All pre-trial matters were referred under 28 U.S.C. § 636(b) on December 1, 2008 (Dkt. #3). 28 U.S.C. §1915 provides that "any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security . . . " District courts have discretion to grant or deny a motion requesting in forma pauperis status under 28 U.S.C. §1915(a). Proceeding in forma pauperis is a privilege and not a right. Shobe v. People of the State of California, 362 F.2d 545, 546 (9th Cir. 1966). Having reviewed Plaintiff's application, it appears to be incomplete. In Section 2 of the application, there was a request to indicate if in the past 12 months Plaintiff had received money from any sources. Plaintiff indicated that she received money from "e. Other sources." Section 2 then requires that if the answer were "yes" to any of the sources of income, Plaintiff was to state 1

Case No. 08-cv-14960

the source of the money and the amount received. Plaintiff's application is blank as to this needed follow-up answer. Plaintiff is directed to indicate the source of the money she referred to in 2(e) "Other sources" and the amount she received. SO ORDERED.

s/Steven D. Pepe United States Magistrate Judge Dated: December 4, 2008 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on December 4, 2008. S/V. Sims Case Manager

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