Hogue v. Berryhill

Filing 2

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; Payment of filing fees or AO 239 due 1/18/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/4/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DEBORAH HOGUE,

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Plaintiff(s),
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v.
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COMMISSIONER OF SOCIAL SECURITY
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ADMINISTRATION,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-03107-GMN-NJK
ORDER
(Docket No. 1)

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Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. Docket

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No. 1. In determining whether to permit a plaintiff to proceed in forma pauperis, the Court evaluates the

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income and assets to which the plaintiff has access, including those of her spouse. See, e.g., Flores v.

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Colvin, 2014 U.S. Dist. Lexis 93236, at *3-4 (D. Nev. May 22, 2014) (collecting cases). “If the plaintiff

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is supported by her spouse, and her spouse is financially able to pay the costs of this appeal, it follows that

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the plaintiff’s own lack of funds will not prevent her from gaining access to the courts.” Monti v. McKeon,

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600 F. Supp. 112, 114 (D. Conn. 1984). The pending application makes clear that Plaintiff’s spouse’s

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income of $1342 more than covers their monthly expenses, but the application fails to adequately explain

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the amount of those monthly expenses and any excess income. Docket No. 1 at 2. Similarly, it is not clear

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to the Court if the lack of assets identified in the application (including no cash currently on hand) accounts

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for assets held by the spouse that are accessible to Plaintiff. See id. Accordingly, the application to proceed

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in forma pauperis is DENIED without prejudice.

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Any renewed application to proceed in forma pauperis must be made on the long form (AO 239)

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to ensure that both Plaintiff’s and her spouse’s income, assets, and liabilities are properly considered. Any

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such application shall be filed by January 18, 2018. Alternatively, Plaintiff may pay the filing fee by

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January 18, 2018.

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IT IS SO ORDERED.

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Dated: January 4, 2018

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________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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