Vice v. Commissioner of Social Security Administration

Filing 4

ORDER DENYING 3 Application to Proceed in forma pauperis and DENYING AS MOOT 3 Application to Proceed in forma pauperis. Plaintiff has 60 days to pay filing fee, on or before 8/14/2017. (Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION RODNEY KEITH VICE, Plaintiff, VS. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. § § § § § § § § § June 09, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 3:16-CV-271 ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS Plaintiff has requested leave to appear in forma pauperis in this appeal from a decision regarding Social Security benefits. Dkt. 3. Plaintiff states that he receives long term disability payments of $3,900 per month, owns a vehicle, has $1,000 in a savings account, and that his assets include 16 acres of land that he values at $134,000. His list of expenses amounts to $1,700 per month, and includes a $600 monthly payment on an “adjoining tract of land,” $500 per month on credit card debt, and $100 per month for cable television. After reviewing the application, and considering the applicable authorities, the Court finds that the application should be DENIED. “The mere execution of an affidavit of indigence does not automatically entitle a litigant to proceed in forma pauperis.” Heath v. I.R.S., 2002 WL 31086069, at *1 (N.D. Tex. 2002) (citing Adkins v. E.I. Du Pont De Nemours & Co., Inc., 335 U.S. 331, 337 (1948); Green v. Estelle, 649 F.2d 298, 302 (5th Cir. Unit A June 1981); 28 U.S.C. § 1915(a)). “While plaintiff does not need to be absolutely destitute to qualify for in forma 1/2 pauperis status, such benefit is allowed only when plaintiff cannot give such costs and remain able to provide for himself and his dependents.” Bright v. Hickman, 96 F. Supp. 2d 572, 575 (E.D. Tex. 2000) (citing Adkins, 335 U.S. at 339); see also Mitchell v. Champs Sports, 42 F. Supp. 2d 642, 648 (E.D. Tex. 1998). In light of the foregoing, the Court ORDERS that Plaintiff has sixty (60) days to pay the filing fee in this cause; all of the costs associated with the filing of this lawsuit should be paid on or before August 14, 2017. If Plaintiff does not object to this recommendation, and further does not pay the filing fee by August 14, 2017, this case be dismissed without prejudice with no further notice to Plaintiff. Further, Plaintiff’s motion to proceed in forma pauperis, Dkt. 2, is DENIED as moot. SIGNED at Galveston, Texas, this 9th day of June, 2017. ___________________________________ George C. Hanks Jr. United States District Judge 2/2

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