Elawyers Elawyers
Ohio| Change

SAMUELS v. ASTRUE, CV-12-01665-PHX-JAT. (2014)

Court: District Court, D. Arizona Number: infdco20140912735 Visitors: 9
Filed: Sep. 10, 2014
Latest Update: Sep. 10, 2014
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. Pending before the Court is Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Doc. 29). The Court now rules on the motion. I. Background Plaintiff brought this action seeking review of an Administrative Law Judge ("ALJ")'s decision denying her Social Security benefits. (Doc. 1). Plaintiff paid the filing fee for her complaint. ( Id. ) The Court affirmed the ALJ's decision, (Doc. 24), and Plaintiff filed a notice of appeal to the Ninth
More

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court is Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Doc. 29). The Court now rules on the motion.

I. Background

Plaintiff brought this action seeking review of an Administrative Law Judge ("ALJ")'s decision denying her Social Security benefits. (Doc. 1). Plaintiff paid the filing fee for her complaint. (Id.) The Court affirmed the ALJ's decision, (Doc. 24), and Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals, (Doc. 26). Plaintiff now seeks to proceed in forma pauperis for her appeal. (Doc. 29).

II. Legal Standard

Federal Rule of Appellate Procedure ("FRAP") 24(a)(1) provides that generally "a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court." The movant must attach an affidavit that "shows in the detail prescribed by Form 4 of the Appendix of Forms the party's inability to pay or to give security for fees and costs; . . . claims an entitlement to redress; and states the issues that the party intends to present on appeal." Fed. R. App. P. 24(a)(1)(A)-(C).

III. Analysis

Plaintiff has submitted an affidavit showing her indigence in the detail prescribed by FRAP Form 4, (Doc. 29-1), and according to this affidavit, Plaintiff is unable to pay the costs of her appeal. Plaintiff's affidavit adequately states her issues on appeal and claims her entitlement to redress.

IV. Conclusion

For the foregoing reasons,

IT IS ORDERED granting Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Doc. 29).

IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of this Order to the Ninth Circuit Court of Appeals.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer