Godifay v. Commissioner of Social Security

Filing 5

ORDER Granting 4 Motion to Extend Time. ( Payment of filing fees due 7/6/2017.) Signed by Magistrate Judge Carl W. Hoffman on 6/30/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01433-JAD-CWH Document 4 Filed 06/29/17 Page 1 of 3

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Cyrus Safa
Attorney at Law: 13241
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail [e-mail]

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Gerald M. Welt
Attorney at Law: 1575
703 S. Eight St.
Las Vegas, NV 89101
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiff
Haileslassie Godifay

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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HAILESLASSIE GODIFAY,

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Plaintiff,

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vs.
NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security,

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Defendant.
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Case No.: 22:17-cv-01433-JAD-CWH
MOTION TO EXTEND TIME TO
FILE AN AMENDED APPLICATION
TO PROCEED IN FORMA
PAUPERIS AND/OR FILING FEE

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TO THE HONORABLE C.W. HOFFMAN, JR., UNITED STATES
MAGISTRATE JUDGE:

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Nancy A. Berryhill, the new Acting Commissioner of Social Security,
should be substituted as the defendant in this suit per F.R.C.P. Rule 25(d). No
further action need be taken pursuant to 42 U.S.C. § 405(g).
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Case 2:17-cv-01433-JAD-CWH Document 4 Filed 06/29/17 Page 2 of 3

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Plaintiff Haileslassie Godifay hereby moves the Court for an extension of

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time by seven (7) days from June 29, 2017 to July 6, 2017, for Plaintiff to pay the

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$350.00 filing fee, plus the $50.00 administrative fee, or an amended application to

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proceed in forma pauperis.

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The Court denied Plaintiff’s application to proceed in forma pauperis on

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May 30, 2017 due to what appeared to be a total monthly income of $7,000.00.

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Plaintiff informed Counsel that this was incorrect as the approximately $7,000.00

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came in the form of two loans, against a separate lawsuit, over the course of

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several months, rather than a monthly income. Counsel requested that Plaintiff

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provide Counsel with all evidence related to the loans, including information

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related to the liens, in order to ensure complete accuracy in any amended

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application to proceed in forma pauperis. Plaintiff has provided Counsel with all

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but one document, which Plaintiff has requested and anticipates receiving within

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seven (7) days. Plaintiff respectfully requests more time to pay the filing fee or file

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an amended application to proceed in forma pauperis.

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Counsel sincerely apologizes to the Court for any inconvenience this request

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may have caused.

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DATE: June 29, 2017

Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: _________________________
Cyrus Safa
Attorney for plaintiff HAILESLASSIE GODIFAY

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June 30, 2017

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Case 2:17-cv-01433-JAD-CWH Document 4 Filed 06/29/17 Page 3 of 3

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CERTIFICATE OF SERVICE
FOR CASE NUMBER 22:17-CV-01433-JAD-CWH

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I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on June 29, 2017.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system.

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/s/ Cyrus Safa
_______________________________
Cyrus Safa
Attorneys for Plaintiff

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