Peterson v. Commissioner of Social Security

Full title: SUSAN LYNN PETERSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 27, 2015

2:14-cv-2753-KJN (E.D. Cal. Jan. 27, 2015)

Opinion

SUSAN LYNN PETERSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. No. 2:14-cv-2753-KJN United States District Court, Eastern District of California January 27, 2015

          ORDER

          KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

         Presently pending before the court is plaintiff’s motion for leave to proceed without the prepayment of fees and costs, also referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.¹ (ECF No. 2.) However, the filing on the docket labeled as a motion to proceed in forma pauperis is actually an assignment of Equal Access to Justice Act fees, and is duplicative of another such filing on the docket. (Compare ECF Nos. 2 and 3.) As such, the court’s record does not contain any financial information supporting the motion to proceed in forma pauperis.

1 This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).

         Accordingly, IT IS HEREBY ORDERED that:

         1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied without prejudice as unsupported.

         2. Within 28 days of this order, plaintiff shall either submit a properly-supported motion to proceed in forma pauperis or pay the applicable filing fee. IT IS SO ORDERED.