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De Munoz v. Commissioner of Social Security, 1:18-cv-00483-SAB. (2018)

Court: District Court, E.D. California Number: infdco20180412869 Visitors: 2
Filed: Apr. 11, 2018
Latest Update: Apr. 11, 2018
Summary: ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES STANLEY A. BOONE , Magistrate Judge . On April 9, 2018, Plaintiff Alicia Hernandez De Munoz ("Plaintiff") filed this action seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. Plaintiff did not pay the filing fee in this action and instead filed an appl
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ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES

On April 9, 2018, Plaintiff Alicia Hernandez De Munoz ("Plaintiff") filed this action seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Upon review of Plaintiff's application, she indicates that her husband receives $1,455.00 per month in SSI benefits and that her house has an approximate value of $330,000.00. Therefore, the Court is unable to determine if Plaintiff is entitled to proceed without prepayment of fees in this action.

Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239. If Plaintiff is unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in full.

Based upon the foregoing, it is HEREBY ORDERED that:

1. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239 to Plaintiff; 2. Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the $400.00 filing fee for this action, or (2) complete and file the enclosed Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239; and 3. If Plaintiff fails to comply with this order, this action shall be dismissed.

IT IS SO ORDERED.

Source:  Leagle

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