Montoya et al v. Colvin

Filing 3

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiffs shall have until Friday, 9/20/2013 to file a new, completed Application to Proceed In Forma Pauperis along with a complaint. Plaintiffs may make the necessary arrangements to pay the filing fee of $400 accompanied by a copy of this Order. Signed by Magistrate Judge Carl W. Hoffman on 8/22/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEBBIE MONTOYA, et al.,

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Plaintiffs,
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vs.
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CAROLYN W. COLVIN,
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ACTING COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-01505-JCM-CWH
ORDER

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This matter is before the Court on Plaintiffs’ Motion/Application to Proceed In Forma Pauperis
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(#1), filed on August 21, 2013. Additionally, the Court considered the Sealed Death Certificate and
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Will of Laurie Wainwright (#2), filed on August 21, 2013. Plaintiffs are proceeding in this action pro
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se.
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This Court may only authorize the commencement of an action without prepayment of fees and
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costs or security therefor, by a person who submits an affidavit that includes a statement showing the
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person is unable to pay such costs. 28 U.S.C. § 1915(a)(1). This Court’s Local Rules provide that
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“[a]ny person, who is unable to prepay the fee in a civil case, may apply to the Court for authority to
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proceed in forma pauperis. The application shall be made on the form provided by the Court and shall
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include a financial affidavit disclosing the applicant’s income, assets, expenses and liabilities.” LSR 123
1. Plaintiffs have requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis and
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submitted a complaint along with the application. The Court finds that Plaintiffs’ application is
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incomplete. Plaintiff Debbie Montoya (“Montoya”) appears to be filing this lawsuit on behalf of Laurie
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Wainwright (“Wainwright”) who is deceased. However, Montoya failed to answer any of the
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application questions based on her own income, but rather, relied on the Wainwright’s income. While
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Montoya provided proof of the Deceased’s Will that appoints her as executor of Wainwright’s estate,

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this is insufficient to excuse her from this Court’s requirement to complete an application based on her

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own income, assets, and expenses. As a result, the Court cannot determine whether Plaintiffs are

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eligible to proceed in forma pauperis. Plaintiffs’ Motion/Application shall be denied without prejudice

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and they will be given thirty (30) days to submit a second, completed application along with a

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complaint.

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Having concluded that Plaintiffs are 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 ORDERED that Plaintiffs’ Motion/Application to Proceed In Forma Pauperis (#1) is

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denied without prejudice.
IT IS FURTHER ORDERED that Plaintiffs shall have until Friday, September 20, 2013 to

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file a new, completed Application to Proceed In Forma Pauperis along with a complaint. In the

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alternative, Plaintiffs may make the necessary arrangements to pay the filing fee of four hundred dollars

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($400), accompanied by a copy of this Order. Failure to comply with this Order will result in a

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recommendation to the District Judge that this action be dismissed.

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Dated this 22nd day of August, 2013.

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___________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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