Moon v. Berryhill

Filing 3

ORDER DENYING 1 PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS AND GRANTING LEAVE TO AMEND signed by Hon. James P. Donohue. Plaintiff has 30 days from the date of this Order to correct the deficiencies. (KMP)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 TARA S. MOON, Plaintiff, 11 12 13 14 v. Case No. C17-5839-JPD ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS AND GRANTING LEAVE TO AMEND NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 15 16 17 Plaintiff has filed an application to proceed in forma pauperis (“IFP”) in the above- 18 entitled action. Dkt. 1. After careful consideration of the application, the governing law and 19 the balance of the record, the Court ORDERS as follows: 20 (1) Plaintiff’s application to proceed IFP, Dkt. 1, is DENIED. Plaintiff’s 21 application is deficient because she failed to comply with LCR 3(b) by sufficiently answering 22 all of the questions on the IFP affidavit approved for use in this district. Specifically, plaintiff 23 failed to completely answer Question Nos. 2, 3 (d and g), and Nos. 4-8. This information is 24 necessary for the Court to determine whether plaintiff financially qualifies to bring this action 25 without paying the applicable filing fee. 26 ORDER PAGE - 1 1 (2) In addition, the Court notes that plaintiff’s IFP application fails to include the 2 correct name of the defendant in the caption. On January 23, 2017, Nancy A. Berryhill became 3 the Acting Commissioner of Social Security. Therefore, pursuant to Rule 25(d)(1) of the 4 Federal Rules of Civil Procedure, Nancy A. Berryhill should have been named as the defendant 5 in the caption of plaintiff’s IFP application. Plaintiff’s counsel is an experienced social 6 security practitioner and the Court expects that future submissions to the Court will not 7 repeat this error. Plaintiff’s counsel is directed to update the caption on all future filings 8 with the Court. Failure to make this change in the future may cause this Court to strike 9 the pleading. 10 (3) Plaintiff is GRANTED LEAVE TO AMEND her IFP and shall have 30 days 11 from the date of this Order to correct the deficiencies. Plaintiff is advised that this case may be 12 subject to dismissal if she does not respond to this Order or fails to correct the deficiencies 13 described above. 14 (4) 15 DATED this 23rd day of October, 2017. The Clerk is directed to send a copy of this Order to plaintiff. A 16 17 JAMES P. DONOHUE Chief United States Magistrate Judge 18 19 20 21 22 23 24 25 26 ORDER PAGE - 2

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