Filing 2

MEMORANDUM ORDER granting Appellant's application to proceed in forma pauperis; directing the Court to file the Complaint. Signed by Judge Anne E. Thompson on 1/20/2016. (eaj)

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RECEIVED NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY AT 8:30 WILLIAM T. WALSH CL~RK JOHN LOUIS BAIO, Civ. No. 16-0290 Appellant, MEMORANDUM ORDER v. COMMISSIONER OF SOCIAL SECURITY, Appellee. THOMPSON. U.S.D.J. This matter comes before the Court upon the application ofpro se Appellant John Louis Baio to proceed informa pauperis in an appeal of the final decision of the Commissioner of Social Security. The filing fee for a civil case in the United States District of New Jersey is $350.00, with an additional $50.00 administrative fee. To avoid paying these fees, a litigant may submit an application to proceed in forma pauperis pursuant to 28 U.S.C. ยง 1915. "In making such application, a plaintiff must state the facts concerning his or her poverty with some degree of particularity, definiteness or certainty." Simon v. Mercer Cnty. Comm. College, No. 10-5505, 2011 WL 551196, at* 1 (D.N.J. Feb. 9, 2011) (citations omitted). A litigant need not be "absolutely destitute" to qualify. Mack v. Curran, 457 F. App'x 141, 144 (3d Cir. 2012) (citations omitted); Still v. Shinseki, 490 F. App'x 413, 413 (3d Cir. 2012). 1 M It appears from the application that Appellant has only $600 in assets and receives a total of $1,470 each month from Social Security and unemployment benefits. However, Appellant's fixed expenditures essentially equal this income. Therefore, upon review, Appellant has shown sufficient economic. disadvantage to proceed in forma pauperis. IT IS on this ~f~uary, 2016, ORDERED that Appellant's Application to Proceed informa pauperis (ECF No. 1-2) is GRANTED; and the Clerk of Court shall file the Complaint without prepayment of foes. 2

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