Burden v. Berryhill

Filing 3

ORDER granting 2 Plaintiff's MOTION to Substitute Party Upon Death of Plaintiff; plaintiff shall pay the filing fee within 30 days or submit an application to proceed in forma pauperis; signed by Judge Ronald B. Leighton. (DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BLAIR BURDEN, on behalf
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Plaintiff,

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Case No. 2:17-cv-00222-RBL
ORDER

v.

11 CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
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Defendant.
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THIS MATTER comes before the Court on plaintiff’s motion for substitution of a party
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based upon the death of the plaintiff. Based on the declaration and exhibits submitted, the Court
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GRANTS the motion, Dkt. 2, and ORDERS that Blair Burden be substituted as the plaintiff in
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this action.
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Also before the Court is plaintiff’s filing of an application to proceed in forma pauperis
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and a complaint to review and set aside a decision of the Social Security Administration under 42
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U.S.C. § 405(g). The district court may permit indigent litigants to proceed in forma pauperis
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upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). At the time such
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application is made, each “movant or plaintiff” shall complete the affidavit. See Local Civil Rule
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3(b)(1). Here, plaintiff Blair Burden seemingly completed the declaration and application to
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proceed in forma pauperis with the relevant financial information of the deceased, Judith Lynn

ORDER - 1

1 Burden. See Dkt. 1. However, the benefit of proceeding in forma pauperis is a privilege that the
2 Court may, at its discretion, afford to movants; it is not a right held by the Social Security
3 claimant. See Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963).
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Therefore, the Court ORDERS that, should plaintiff seek to proceed in forma pauperis,

5 plaintiff shall submit an application regarding his inability to pay the filing fee. Otherwise, the
6 Court orders plaintiff to pay the required filing fee within 30 days of the filing of this order.
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IT IS SO ORDERED.

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DATED this 16th day of February, 2017.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2