Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court upon Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs ("IFP Application"), pursuant to 28 U.S.C. 1915(a). 1 (Doc. No. 2.) In the above-captioned action, Plaintiff is seeking review of Defendant's final determination that C.H.H., a minor child, is not entitled to Supplemental Security Income benefits. (Complaint 1, Doc. No. 1.) A federal court may allow a litigant to prosecute
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court upon Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs ("IFP Application"), pursuant to 28 U.S.C. 1915(a). 1 (Doc. No. 2.) In the above-captioned action, Plaintiff is seeking review of Defendant's final determination that C.H.H., a minor child, is not entitled to Supplemental Security Income benefits. (Complaint 1, Doc. No. 1.) A federal court may allow a litigant to prosecute a..
More
ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court upon Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs ("IFP Application"), pursuant to 28 U.S.C. § 1915(a).1 (Doc. No. 2.) In the above-captioned action, Plaintiff is seeking review of Defendant's final determination that C.H.H., a minor child, is not entitled to Supplemental Security Income benefits. (Complaint 1, Doc. No. 1.)
A federal court may allow a litigant to prosecute a civil action without paying the usual required fee if the individual submits an affidavit containing a statement of his or her assets and demonstrating that he or she cannot afford to pay the required fee. See 28 U.S.C. § 1915(a)(1). In this instance, a parent, or other adult acting in loco parentis, has filed an action in order to obtain benefits for a minor child.2 Although Plaintiff has signed an affidavit stating that she is unable to pay the costs in these proceedings (IFP Appl. 1, Doc. No. 2), the financial disclosure portion of the IFP Application lists only the assets and income of the minor child (IFP Appl. 1-5.)
A parent has the legal responsibility for the care of his or her child. Therefore, when determining the ability of a minor to pay the filing fees, the Court may look to the financial resources of the parent, or, if appropriate, a next friend, or guardian ad litem, as well as the minor. See e.g., White ex rel. Diggs v. Barnhart, Nos. 102CV556, 102CV557, 2002 WL 1760980, at *2 (M.D.N.C. July 30, 2002) (unpublished) (citing Williams v. Spencer, 455 F.Supp. 205, 208 (D. Md. 1978); Fridman v. City of New York, 195 F.Supp.2d 534, 537 (S.D.N.Y. 2002); Zhu v. Countrywide Realty Co., 148 F.Supp.2d 1154, 1156 (D. Kan. 2001) (collecting cases)).
Plaintiff, through her attorney, shall be directed to file an IFP Application that lists her own income, assets, and expenses, as well as any financial support she, or C.H.H., receives from C.H.H.'s parent(s). Failure to comply with this Order, shall result in the denial of in forma pauperis status.
IT IS, THEREFORE, ORDERED that Plaintiff shall have 21 days from entrance of this Order to file an Application to Proceed in District Court without Prepaying Fees or Costs that contains Plaintiff's own financial information and includes any financial support she, or C.H.H., receives from C.H.H.'s parent(s). Alternatively, Plaintiff may pay the $400.00 filing fee.
