Elawyers Elawyers
Ohio| Change

NUNEZ v. COLVIN, 2:15-cv-01871-RFB-NJK. (2015)

Court: District Court, D. Nevada Number: infdco20151020a58 Visitors: 30
Filed: Oct. 16, 2015
Latest Update: Oct. 16, 2015
Summary: ORDER NANCY J. KOPPE , Magistrate Judge . Plaintiff Nunez has requested authority pursuant to 28 U.S.C. 1915 to proceed in forma pauperis. Docket No. 1. Applications to proceed in forma pauperis are used by parties who can demonstrate an inability to pay the Court's $400 filing fee. In determining whether to grant an application to proceed in forma pauperis, courts look towards the application to determine the financial condition of the applicants. Smith v. IRS, 2015 WL 3479308,
More

ORDER

Plaintiff Nunez has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. Docket No. 1. Applications to proceed in forma pauperis are used by parties who can demonstrate an inability to pay the Court's $400 filing fee. In determining whether to grant an application to proceed in forma pauperis, courts look towards the application to determine the financial condition of the applicants. Smith v. IRS, 2015 WL 3479308, at *1 (D. Nev. Feb. 13, 2015) report and recommendation adopted, 2015 WL 3479381 (D. Nev. Mar. 4, 2015). Consequently, where a party submits an incomplete application, courts deny the application without prejudice and allow the party to file a fully-completed one. Id.

In reviewing Plaintiff's pending application, it is clear that it is incomplete in several respects. First, Plaintiff fails to respond to questions 2(b) and 2(f). See Docket No. 1. at 1. Second, in response to question 3, Plaintiff represents that she lives at home with her mother, who gives her up to $900.00 a month in support. Id. But, she proceeds to report that she is required to pay up to $900.00 in monthly rent and unspecified utilities. Id., at 2. She offers no explanation for this apparent consistency.

Accordingly, IT IS ORDERED that:

1. Plaintiff's application to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. 2. Plaintiff shall have until October 30, 2015 to file a completed application to proceed in forma pauperis. 3. The Clerk of Court shall mail Plaintiff two blank applications to proceed in forma pauperis for non-incarcerated litigants. 4. Alternatively to filing an application to proceed in forma pauperis, Plaintiff may pay the $400.00 filing fee no later than October 30, 2015. 5. Failure to comply with this Order will result in a recommendation to the United States District Judge that Plaintiff's application to proceed in forma pauperis be denied without prejudice.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT for the __________ District of __________) Plaintiff ) v. ) Civil Action No. ) Defendant )

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form)

I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested.

In support of this application, I answer the following questions under penalty of perjury:

1. If incarcerated. I am being held at: ______________________________________________________________. If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months.

2. If not incarcerated. If I am employed, my employer's name and address are:

My take-home pay or wages are: $ ____________ per (specify pay period) __________________________.

3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply):

(a) Business, profession, or other self-employment [] Yes [] No (b) Rent payments, interest, or dividends [] Yes [] No (c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability, or worker's compensation payments [] Yes [] No (e) Gifts, or inheritances [] Yes [] No (f) Any other sources [] Yes [] No

If you answered "Yes" to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

4. Amount of money that I have in cash or in a checking or savings account: $ ____________.

5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value):

6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense):

7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support:

8. Any debts or financial obligations (describe the amounts owed and to whom they are payable):

Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims.

Date______________________ _________________________________ Applicant's signature _________________________________ Printed name
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