Romero v. Social Security Administration
ORDER denying without prejudice 2 Motion for Leave to Appeal in forma pauperis by Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFRED R. ROMERO,
No. CV 17-999 CG
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED
WITHOUT PREPAYING FEES OR COSTS
THIS MATTER is before the Court upon Plaintiff’s Application to Proceed in
District Court Without Prepaying Fees or Costs, (Doc. 2), filed October 4, 2017. The
Application does not contain Plaintiff’s signature on the “Affidavit in Support of
Application.” Instead, the Application reads that Plaintiff’s signature is “in Attorney File.”
(Doc. 2 at 1). Plaintiff also failed to answer Questions 9, 10, 11, and 12. Id. at 5. Finally,
Plaintiff’s counsel states that Plaintiff has minimal expenses and receives contributions
from his father, but in the Application Plaintiff only lists his food expenses, and does not
include the contributions from his father. Id. at 7. For these reasons, the Court finds that
the Application is incomplete and should be DENIED WITHOUT PREJUDICE. If Plaintiff
chooses to re-file an application to proceed without prepayment of fees or costs, he
must answer all of the questions, include all of his expenses and any income he
receives, and sign the application.
IT IS THEREFORE ORDERED that Plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs, (Doc. 2) is DENIED WITHOUT PREJUDICE.
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE
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