Diaz Jaramillo v. Social Security Administration

Filing 4

ORDER by Magistrate Judge Kevin R. Sweazea denying 2 Motion for Leave to Proceed in forma pauperis. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

YOLANDA LORRAINE DIAZ JARAMILLO,
Plaintiff,
No. 1:17-cv-00859-KRS
v.
NANCY A. BERRYHILL, Acting Commissioner
of the Social Security Administration,
Defendant.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
THIS MATTER comes before the Court upon Plaintiff’s Motion to Proceed In Forma
Pauperis with Financial Affidavit Pursuant to 28 U.S.C. § 1915, filed August 21, 2017. [Doc.
No. 2]. Having reviewed the submissions the Court FINDS and CONCLUDES that Plaintiff’s
motion is not well taken and should be denied. In making this determination, the Court notes
that it has the discretion to “authorize the commencement . . . of any suit . . . without prepayment
of fees or security therefore, by a person who submits an affidavit that includes a statement of all
assets [the person] possesses [and] that the person is unable to pay such fees or give security
therefore.” 28 U.S.C. § 1915(a)(1). Yet, a review of Plaintiff’s affidavit of current income and
assets reveals that Plaintiff has a net monthly income of $2,290 and monthly expenses of $2,033,
leaving a positive balance of $257.00. In addition, Plaintiff owns, outright, a home with an
approximate value of $140,000 and a Chevrolet Silverado with an approximate value of $1,000.
Consequently, Plaintiff has failed to establish that she is unable to pay the required filing fee or
that doing so will cause her substantial hardship.

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IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Proceed In Forma
Pauperis is hereby DENIED.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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