Wentworth v. Berryhill

Filing 3

ORDER TO SHOW CAUSE re: Application to Proceed in Forma Pauperis - by Judge J Richard Creatura. Show Cause Response due by 10/20/2017.(SH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 TWYLA WENTWORTH, 9 Plaintiff, 10 CASE NO. 3:17-CV-05748 JRC ORDER TO SHOW CAUSE v. 11 12 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 13 Defendant. 14 15 This matter comes before the Court on plaintiff’s filing of an application to proceed in 16 forma pauperis and a complaint to review and set aside a decision of the Social Security 17 Administration under 42 U.S.C. § 405(g). To file a complaint and initiate legal proceedings 18 plaintiff must pay a filing fee of $400.00 or file a proper application to proceed in forma 19 pauperis. 20 On September 15, 2017, plaintiff filed her Declaration and Application to Proceed in 21 Forma Pauperis and Written Consent for Payment of Costs. Dkt. 1. Plaintiff’s application 22 indicates a monthly income of $3,093.00 resulting an annual income of $37,116.00, well above 23 the Court guideline of 200% of the 2017 poverty level, which is $24,120.00 (see 24 ORDER TO SHOW CAUSE - 1 1 https://aspe.hhs.gov/poverty-guidelines, last visited 9/21/2017). Plaintiff also shows that, as of 2 8/23/2017, she has $199,360.60 in assets. Dkt. 1. 3 The District Court may permit indigent litigants to proceed in forma pauperis following 4 completion of a proper affidavit of indigence. See 28 U.S.C. § 1915(a). According to the Ninth 5 Circuit, the decision to grant or refuse an application to proceed in forma pauperis “is within the 6 discretion of the District Court.” Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. 7 denied, 375 U.S. 845 (1963). An application to proceed in forma pauperis, when granted, is 8 “granted as a privilege and not as a matter of right.” Id. 9 By requesting the Court to be allowed to proceed in forma pauperis¸ plaintiff is asking 10 the government to incur the filing fee because of an alleged inability to afford the costs necessary 11 to proceed with the cause of action. 12 The Court recognizes that plaintiff’s income is well above 200% of the 2017 poverty 13 level limits and that plaintiff has other assets that would enable her to pay the court’s filing fee. 14 Therefore, plaintiff is ordered to provide a clear explanation of why plaintiff is unable to pay the 15 filing fee or pay the filing fee of $400.00 by October 20, 2017 in order to proceed with this 16 matter. Failure to show good cause or pay the filing fee may result in an order to dismiss. 17 Dated this 22nd day of September, 2017. 18 19 A 20 J. Richard Creatura United States Magistrate Judge 21 22 23 24 ORDER TO SHOW CAUSE - 2

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