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Ingraham v. Comm'r Of Soc. Sec.

United States District Court, Eastern District of California
Jun 15, 2022
1:22-cv-00720-BAM (E.D. Cal. Jun. 15, 2022)

Opinion

1:22-cv-00720-BAM

06-15-2022

MICHAEL DAVID INGRAHAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS

(Doc. 2)

TWENTY-ONE DAY DEADLINE

BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE

On June 14, 2022, Plaintiff Michael David Ingraham (“Plaintiff”'), through counsel, filed this action seeking judicial review of a final decision of the Commissioner of the Social Security Administration. (Doc. 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. 2).

Plaintiff's application is insufficient for the Court to determine if he is entitled to proceed without prepayment of fees in this action. Notably, Plaintiff has reported income from an Adoption Assistance Program in the amount of $3,771.00 per month. (Id. at 1.) This amounts to an annual income of $45,252.00 ($3,771.00 x 12 months). Plaintiff also identifies various other monthly expenses totaling approximately $3,440.00 per month. (Id. at 2.) “To satisfy the requirements of 28 U.S.C. § 1915, applicants must demonstrate that because of poverty, they cannot meet court costs and still provide themselves, and any dependents, with the necessities of life.” Soldani v. Comm 'r of Soc. Sec., No. 1:19-cv-00040, 2019 WL 2160380, at *1 (E.D. Cal. Jan. 31, 2019). 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.

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 twenty-one (21) 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.


Summaries of

Ingraham v. Comm'r Of Soc. Sec.

United States District Court, Eastern District of California
Jun 15, 2022
1:22-cv-00720-BAM (E.D. Cal. Jun. 15, 2022)
Case details for

Ingraham v. Comm'r Of Soc. Sec.

Case Details

Full title:MICHAEL DAVID INGRAHAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, Eastern District of California

Date published: Jun 15, 2022

Citations

1:22-cv-00720-BAM (E.D. Cal. Jun. 15, 2022)