Filed: Mar. 26, 2015
Latest Update: Mar. 26, 2015
Summary: ORDER RICHARD L. VOORHEES , District Judge . THIS MATTER is before the Court upon the Plaintiff's Application To Proceed In District Court Without Prepaying Fees Or Costs, filed March 5, 2015, in the Charlotte Division. By the instant Motion, the Plaintiff seeks to proceed on his Complaint against the Defendant to establish for himself entitlement to Social Security Disability and Disability Insurance Benefits and Supplemental Security Income as provided by 42 U.S. C. 205(g) of the Soc
Summary: ORDER RICHARD L. VOORHEES , District Judge . THIS MATTER is before the Court upon the Plaintiff's Application To Proceed In District Court Without Prepaying Fees Or Costs, filed March 5, 2015, in the Charlotte Division. By the instant Motion, the Plaintiff seeks to proceed on his Complaint against the Defendant to establish for himself entitlement to Social Security Disability and Disability Insurance Benefits and Supplemental Security Income as provided by 42 U.S. C. 205(g) of the Soci..
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ORDER
RICHARD L. VOORHEES, District Judge.
THIS MATTER is before the Court upon the Plaintiff's Application To Proceed In District Court Without Prepaying Fees Or Costs, filed March 5, 2015, in the Charlotte Division.
By the instant Motion, the Plaintiff seeks to proceed on his Complaint against the Defendant to establish for himself entitlement to Social Security Disability and Disability Insurance Benefits and Supplemental Security Income as provided by 42 U.S. C. § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), without having to prepay the costs associated with bringing this action.
Concerning his resources, Plaintiff represents in the Application that he is currently unemployed. Further, the Application reports that the Plaintiff received $342 a month in public assistance for the past twelve months, but does not show that he will receive public assistance the month following the filing of his Application. Moreover, the Plaintiff shows no cash on hand, a checking or savings account with any financial institution. Furthermore, the Application shows no assets owned by the Plaintiff, nor does it show any monthly expenses incurred by the Plaintiff.
Other than his own representations of indigence, the Plaintiff does not provide any description of means of support for himself nor does he provide any description of residency.
In light of his representations, the Court does not understand how the Plaintiff is able to sustain himself, absent any evidence of support of any kind. Therefore, the Court will hold the Plaintiff's Application To Proceed In District Court Without Prepaying Fees Or Costs in abeyance until such time as the Plaintiff provides additional information to the Court to support his allegations of indigence.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. That the Plaintiff's Application To Proceed In District Court Without Prepaying Fees Or Costs is held in ABEYANCE;
2. That within thirty (30) days of the date of this Order, the Plaintiff shall submit to the Court additional information to support her allegations. The Court instructs the Plaintiff to file an Amended Application using the Long Form instead of the Short Form. Failure to comply with the instant directive will result in the summary dismissal of the Plaintiff's case.
3. The Clerk of Court is instructed to serve this Order on Plaintiff's attorney.
