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Constance Beatrice Philips v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 31, 2012

CONSTANCE BEATRICE PHILIPS,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DISREGARDING THE MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PLAINITFF TO FILE AN AMENDED MOTION TO PROCEED INFORMA PAUPERIS THAT IS SUPPORTED BY A FINANCIAL AFFIDAVIT (Doc. 2)

Constance Philips ("Plaintiff") Plaintiff initiated this action seeking judicial review of a determination of the Social Security Administration by filing her complaint on October 30, 2012. (Doc. 1). In addition, Plaintiff filed a proposed order on an application to proceed without prepayment of fees. (Doc. 2). Notably, she failed to file an actual application or a financial affidavit demonstrating her eligibility for in forma pauperis status.

The Court may authorize the commencement of an action without prepayment of fees "but 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). However, because Plaintiff has not provided a financial affidavit or a petition to proceed in forma pauperis, the Court is unable to determine whether the requirements of 28 U.S.C. § 1915(a) are satisfied.

Accordingly, IT IS HEREBY ORDERED:

1. The "motion to proceed in forma pauperis" (Doc. 2) is DISREGARDED as 3 incomplete; 4

2. Plaintiff SHALL file a motion to proceed in forma pauperis that is supported by a 5 financial affidavit within 14 days of the date of service of this order, or in the alternative, pay the 6 filing fee. 7 8

IT IS SO ORDERED.

20121031

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