Baca v. Social Security Administration

Filing 10

ORDER by Magistrate Judge Kevin R. Sweazea denying as moot 8 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis (cbf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DIEDRA A. BACA Plaintiff, No. 1:17-cv-00726-KRS v. NANCY BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS THIS MATTER comes before the Court on two separate “second” motions seeking to proceed in this matter without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. On July 12, 2017, the Court denied without prejudice Ms. Baca’s initial attempt at proceeding in forma pauperis and encouraged her to renew her request. The Court has reviewed both “second” motions and determines that, taken together, they provide sufficient information for the Court to determine her ability to pay. The Court FINDS that Ms. Baca has shown a financial inability to pay the required filing fees and has demonstrated a non-frivolous basis to appeal the agency’s denial of benefits that has a basis in law and fact. See Lister v. Dep’t of Treasurey, 408 F.3d 1309, 1312 (10th Cir. 2005). IT IS, THEREFORE, ORDERED that Ms. Baca’s latest filed second motion to proceed in forma pauperis [Doc. 9] is GRANTED and her previous motion [Doc. 8] is DENIED AS MOOT. ___________________________________ KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE

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