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Mann v. Commissioner of Social Security, 1:19-cv-01630-BAM. (2020)

Court: District Court, E.D. California Number: infdco20200109b21 Visitors: 25
Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. No. 2) BARBARA A. McAULIFFE , Magistrate Judge . On November 15, 2019, Plaintiff Gaganjot Mann ("Plaintiff"), through counsel, filed the complaint in this action seeking judicial review of a final decision of the Commissioner of the Social Security Administration. (Doc. No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C.
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ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS

(Doc. No. 2)

On November 15, 2019, Plaintiff Gaganjot Mann ("Plaintiff"), through counsel, filed the complaint in this action seeking judicial review of a final decision of the Commissioner of the Social Security Administration. (Doc. No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2). However, Plaintiff's application is insufficient for the Court to determine if she is entitled to proceed without prepayment of fees in this action. Notably, Plaintiff has reported that her spouse receives income in the amount of $3,850.00 per month, but that she has various other monthly expenses, debts and financial obligations. (Id. at p. 2.)

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-one (21) 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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