Slater v. Astrue

Filing 2

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis without prejudice. IT IS FURTHER ORDERED that Plaintiff shall file a complete Application to Proceed in Forma Pauperis with additional income information. In the alternative , Plaintiff may make the necessary arrangements to pay the filing fee of three hundred fifty dollars ($350), accompanied by a copy of this Order. Plaintiff shall have 30 days from the date on which this Order is entered to comply. Signed by Magistrate Judge Carl W. Hoffman on 11/26/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROCKIE A. SLATER,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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____________________________________)

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Case No. 2:12-cv-01996-JCM-CWH
ORDER

This matter was referred to the undersigned Magistrate Judge on Plaintiff’s Application for
Leave to Proceed In Forma Pauperis (#1), filed November 19, 2012.

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Plaintiff submitted an affidavit required by 28 U.S.C. § 1915(a). However, it does not provide

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sufficient information for the Court to determine whether he has an inability to prepay fees and costs or

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give security for them. Although Plaintiff indicates that his income is “N/A,” he also states that he

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receives $200 per month in food stamps and financial support from his parents. Further information is

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needed regarding how much financial support Plaintiff receives from his parents and any other income

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sources. Accordingly, the request to proceed in forma pauperis will be denied without prejudice.
Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis, the

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Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the dismissal of

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the case at any time if the Court determines that it is frivolous or malicious or fails to state a claim upon

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which relief can be granted or seeks monetary relief against a defendant who is immune from such

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relief.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Application for Leave to Proceed In Forma
Pauperis (#1) is denied without prejudice.

IT IS FURTHER ORDERED that Plaintiff shall file a complete Application to Proceed in

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Forma Pauperis with additional income information. In the alternative, Plaintiff may make the

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necessary arrangements to pay the filing fee of three hundred fifty dollars ($350), accompanied by a

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copy of this Order. Plaintiff shall have thirty (30) days from the date on which this Order is entered to

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comply. Failure to comply will result in a recommendation to the District Judge for dismissal of this

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action.

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DATED the 26th day of November, 2012.
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C.W. Hoffman, Jr.
United States Magistrate Judge

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