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Alvarez v. Kijakazi

United States District Court, Eastern District of California
Dec 7, 2021
1:21-cv-1711 JLT (E.D. Cal. Dec. 7, 2021)

Opinion

1:21-cv-1711 JLT

12-07-2021

SANDRA ALVAREZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED MOTION TO PROCEED IN FORMA PAUPERIS

JENNIFER L. THURSTON CHIEF UNITED STATES MAGISTRATE JUDGE

Sandra Alvarez seeks to proceed in forma pauperis in this action for judicial review of the administrative decision denying an application for Social Security benefits. The Court may authorize the commencement of an action without prepayment of fees “by a person who submits an affidavit that includes a statement of all assets such person . . . possesses [and] that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). Plaintiff completed an application and affidavit on December 3, 2021. (Doc. 2) However, the information provided is insufficient to determine whether Plaintiff satisfies the requirements of 28 U.S.C. § 1915(a).

In the application, Plaintiff reports that she is unemployed and has no income. (Doc. 2 at 1.) She indicated she does not have any money in a checking or savings account. (Id.) Furthermore, Plaintiff notes she does not possess real estate, stocks, bonds, securities, other financial instruments, artwork, an automobile, or other things of value. (Id.) Consequently, the Court is unable to determine how Plaintiff is supporting herself, or if Plaintiff is dependent upon another individual who would be able to pay the filing fee.

Accordingly, within 14 days , Plaintiff is ORDERED to file an amended application that explains how Plaintiff is supporting herself. Upon receipt of this information, the Court will resume consideration of Plaintiff's motion to proceed in forma pauperis. Plaintiff is warned that failure to comply with this order may result in denial of her application to proceed in forma pauperis.

IT IS SO ORDERED.


Summaries of

Alvarez v. Kijakazi

United States District Court, Eastern District of California
Dec 7, 2021
1:21-cv-1711 JLT (E.D. Cal. Dec. 7, 2021)
Case details for

Alvarez v. Kijakazi

Case Details

Full title:SANDRA ALVAREZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of…

Court:United States District Court, Eastern District of California

Date published: Dec 7, 2021

Citations

1:21-cv-1711 JLT (E.D. Cal. Dec. 7, 2021)