Guyton v. Colvin

Filing 4

ORDER re 2 MOTION (Sealed - Participants) to Proceed in forma pauperis , Plaintiffs Application To Proceed In District Court Without Prepaying Fees Or Costs is held in ABEYANCE, within thirty (30) days of the date of this Order, the Plaintiff shall submitto the Court additional information to support her allegations. Signed by District Judge Richard Voorhees on 03/26/2015. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV109-RLV

QUARTIZ GUYTON
Plaintiff,

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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social
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Security,
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Defendant.
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_____________________________ )

ORDER

THIS MATTER is before the Court upon the Plaintiff’s Application To Proceed In
District Court Without Prepaying Fees Or Costs, filed March 5, 2015, in the Charlotte
Division.
By the instant Motion, the Plaintiff seeks to proceed on his Complaint against the
Defendant to establish for himself entitlement to Social Security Disability and Disability
Insurance Benefits and Supplemental Security Income as provided by 42 U.S. C. §
205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), without having to
prepay the costs associated with bringing this action.
Concerning his resources, Plaintiff represents in the Application that he is currently
unemployed. Further, the Application reports that the Plaintiff received $342 a month in
public assistance for the past twelve months, but does not show that he will receive public
assistance the month following the filing of his Application. Moreover, the Plaintiff shows
no cash on hand, a checking or savings account with any financial institution.
Furthermore, the Application shows no assets owned by the Plaintiff, nor does it show

any monthly expenses incurred by the Plaintiff.
Other than his own representations of indigence, the Plaintiff does not provide any
description of means of support for himself nor does he provide any description of
residency.
In light of his representations, the Court does not understand how the Plaintiff is
able to sustain himself, absent any evidence of support of any kind. Therefore, the Court
will hold the Plaintiff’s Application To Proceed In District Court Without Prepaying Fees
Or Costs in abeyance until such time as the Plaintiff provides additional information to the
Court to support his allegations of indigence.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1.

That the Plaintiff’s Application To Proceed In District Court Without
Prepaying Fees Or Costs is held in ABEYANCE;

2.

That within thirty (30) days of the date of this Order, the Plaintiff shall submit
to the Court additional information to support her allegations. The Court
instructs the Plaintiff to file an Amended Application using the Long Form
instead of the Short Form. Failure to comply with the instant directive will
result in the summary dismissal of the Plaintiff’s case.

3.

The Clerk of Court is instructed to serve this Order on Plaintiff’s attorney

Signed: March 26, 2015

SEALED DOCUMENT with access to Specified Parties/Plaintiff.