Nelson v. Colvin

Filing 5

ORDER. The Court DEFERS ruling on the application to proceed in forma pauperis. Plaintiff must file, by January 20, 2025, a written brief with robust argument explaining how the circumstances identified in this application warrant waiver of the fili ng fee. The brief must be supported by appropriate legal research and citation with specific application of the law to the present circumstances. See Fed. R. Civ. P. 11(b)(2). Brief due by 1/20/2025. Signed by Magistrate Judge Nancy J. Koppe on 1/7/2025. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MATTHEW JOSHUA N.,

Case No. 2:24-cv-02389-NJK

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Plaintiff(s),

Order

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v.

[Docket No. 1]

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CAROLYN COLVIN,

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Defendant(s).

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Plaintiff requests authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis

13 through an application identifying household income of $6,800 per month. See Docket No. 1 at
14 2-3. The in forma pauperis application also identifies assets including a half-million dollar home
15 and two cars. See id. at 4. Such circumstances appear to be well beyond an in forma pauperis
16 scenario.1 The Court DEFERS ruling on the application to proceed in forma pauperis. Plaintiff
17 must file, by January 20, 2025, a written brief with robust argument explaining how the
18 circumstances identified in this application warrant waiver of the filing fee. The brief must be
19 supported by appropriate legal research and citation with specific application of the law to the
20 present circumstances. See Fed. R. Civ. P. 11(b)(2).
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IT IS SO ORDERED.

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Dated: January 7, 2025

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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The case law is well developed as to what types of scenarios qualify for in forma pauperis
treatment and which do not. See, e.g., Andrea L.M. v. O’Malley, 2024 U.S. Dist. Lexis 117157, at
27 *2 (D. Nev. July 3, 2024); Brunson v. Soc. Sec., 2019 WL 6709544, at *1 (D. Nev. Oct. 31, 2019)
(denying in forma pauperis status based on monthly income of $1,397), adopted, 2019 WL
28 6700193 (D. Nev. Dec. 9, 2019).
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