(SS) Ingraham v. Commissioner of Social Security
(SS) Ingraham v. Commissioner of Social Security
Trial Court Opinion
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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 MICHAEL DAVID INGRAHAM, Case No. 1:22-cv-00720-BAM
12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED 13 v. IN FORMA PAUPERIS
14 COMMISSIONER OF SOCIAL SECURITY, (Doc. 2)
15 Defendant. TWENTY-ONE DAY DEADLINE
16 17 18 On June 14, 2022, Plaintiff Michael David Ingraham (“Plaintiff”), through counsel, filed 19 this action seeking judicial review of a final decision of the Commissioner of the Social Security 20 Administration. (Doc. 1.) Plaintiff did not pay the filing fee and instead filed an application to 21 proceed in forma pauperis pursuant to
28 U.S.C. § 1915. (Doc. 2). 22 Plaintiff’s application is insufficient for the Court to determine if he is entitled to proceed 23 without prepayment of fees in this action. Notably, Plaintiff has reported income from an 24 Adoption Assistance Program in the amount of $3,771.00 per month. (Id. at 1.) This amounts to 25 an annual income of $45,252.00 ($3,771.00 x 12 months). Plaintiff also identifies various other 26 monthly expenses totaling approximately $3,440.00 per month. (Id. at 2.) “To satisfy the 27 requirements of
28 U.S.C. § 1915, applicants must demonstrate that because of poverty, they 1 cannot meet court costs and still provide themselves, and any dependents, with the necessities of 2 life.” Soldani v. Comm’r of Soc. Sec., No. 1:19-cv-00040,
2019 WL 2160380, at *1 (E.D. Cal. 3 Jan. 31, 2019). Accordingly, the Court will order Plaintiff to complete and file an Application to 4 Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 5 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 6 full. 7 Based upon the foregoing, it is HEREBY ORDERED that: 8 1. The Clerk of the Court is directed to forward an Application to Proceed in District 9 Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 10 2 Within twenty-one (21) days of the date of this order, Plaintiff shall either (1) 11 pay the $402.00 filing fee for this action, or (2) complete and file the enclosed 12 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 13 Form) – AO 239; and 14 3. If Plaintiff fails to comply with this order, this action shall be dismissed. 15 IT IS SO ORDERED. 16
17 Dated: June 15, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18
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Reference
- Status
- Unknown