Opinion
1:21-cv-01283-BAM
08-26-2021
ANGELICA M. AVILA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS
(Doc. No. 2)
THIRTY-DAY DEADLINE
Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE
On August 23, 2021, Plaintiff Angelica Avila (“Plaintiff”) filed the instant action. (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).
Plaintiff's application is insufficient for the Court to determine if she is entitled to proceed without prepayment of fees in this action. Plaintiff appears to have significant assets, including a house and retirement account, which may require denial of in forma pauperis status. (Id. at 2.) (Id. at 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. In the Long Form application Plaintiff shall submit supplemental responses explaining the assets she has disclosed, including any debt owed on the house and further details on the retirement account.
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 thirty (30) days of the date of this order, Plaintiff shall either (1) pay the $402.00 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.