Sanchez v. Commissioner of Social Security

Filing 6

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this action pro se. To proceed with a civil action in this District, a plaintiff must either pay $402.00 in fees a $350.00 filing fee plus a $52.00 administrative fee or request authorization to proceed without prepayment of fees, submitting a signed in forma pauperis ("IFP") application in support of that request. See 28 U.S.C. §§ 1914, 1915. Here, Plaintiff submitted the Complaint with out the filing fees or an IFP application. By February 8, 2021, Plaintiff must either pay the $402.00 in fees or submit a completed IFP application. (The IFP form is attached to this Order.) If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-10534. If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). Chambers will mail a copy of this order to Plaintiff and note s ervice on the docket. No answer is required at this time. If Plaintiff complies with this Order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff does not comply with this Order within the time allow ed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when seeking review of a non-frivolous issue). If Plaintiff pays the filing fees or if IFP status is granted, the Court will issue a new Order of Service Scheduling Order. The Clerk of Court is thus directed to vacate Dkt. No. 4. SO ORDERED. Filing Fee due by 2/8/2021. In Forma Pauperis (IFP) Application due by 2/8/2021. (Signed by Judge Paul G. Gardephe on 1/7/2021) (jca) Transmission to Finance Unit (Cashiers) for processing.

Download PDF
Case 1:20-cv-10534-PGG-GWG Document 6 Filed 01/07/21 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARIA DIAZ SANCHEZ, Plaintiff, -againstCOMMISSIONER OF SOCIAL SECURITY, 20 Civ. 10534 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION Defendant. PAUL G. GARDEPHE, United States District Judge: Plaintiff brings this action pro se. To proceed with a civil action in this District, a plaintiff must either pay $402.00 in fees – a $350.00 filing fee plus a $52.00 administrative fee – or request authorization to proceed without prepayment of fees, submitting a signed in forma pauperis (“IFP”) application in support of that request. See 28 U.S.C. §§ 1914, 1915. Here, Plaintiff submitted the Complaint without the filing fees or an IFP application. By February 8, 2021, Plaintiff must either pay the $402.00 in fees or submit a completed IFP application. (The IFP form is attached to this Order.) If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-10534. If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). Chambers will mail a copy of this order to Plaintiff and note service on the docket. No answer is required at this time. If Plaintiff complies with this Order, the case shall be processed in accordance with the procedures of the Clerk’s Office. If Plaintiff does not comply with this Order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an Case 1:20-cv-10534-PGG-GWG Document 6 Filed 01/07/21 Page 2 of 4 appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when seeking review of a non-frivolous issue). If Plaintiff pays the filing fees or if IFP status is granted, the Court will issue a new Order of Service – Scheduling Order. The Clerk of Court is thus directed to vacate Dkt. No. 4. Dated: January 7, 2021 New York, New York SO ORDERED. PAUL G. GARDEPHE United States District Judge 2 Case 1:20-cv-10534-PGG-GWG Document 6 Filed 01/07/21 Page 3 of 4 U NITED S TATES D ISTRICT C OURT S OUTHERN D ISTRICT OF N EW Y ORK (full name of the plaintiff or petitioner applying (each person must submit a separate application)) -against- CV ( ) ( ) (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.) (full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? Yes No (If “No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? Yes No Monthly amount: If I am a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? Yes No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment (b) Rent payments, interest, or dividends SDNY Rev: 8/5/2015 Yes Yes No No Case 1:20-cv-10534-PGG-GWG Document 6 Filed 01/07/21 Page 4 of 4 (c) Pension, annuity, or life insurance payments Yes No (d) Disability or worker’s compensation payments Yes No (e) Gifts or inheritances (f) Any other public benefits (unemployment, social security, food stamps, veteran’s, etc.) (g) Any other sources Yes No Yes No Yes No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. If you answered “No” to all of the questions above, explain how you are paying your expenses: 4. How much money do you have in cash or in a checking, savings, or inmate account? 5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense: 7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable: Declaration: I declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims. Dated Signature Name (Last, First, MI) Prison Identification # (if incarcerated) Address Telephone Number City State E-mail Address (if available) IFP Application, page 2 Zip Code

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?