Watkins v. Saul

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:20-cv-8-KDB-DCK CHRISTOPHER O’DELL WATKINS, ) On behalf of KLW, a minor, ) ) Plaintiff, ) ) vs. ) ORDER ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) __________________________________________) THIS MATTER is before the Court on Plaintiff’s Motion to Proceed In Forma Pauperis. (Doc. No. 2).

In this matter, Plaintiff is seeking review of a final determination that KLW, the minor child of the Plaintiff, is no longer disabled under section 1614(a)(3)(C) of the Social Security Act.

See (Doc. No. 1). Plaintiff’s Motion to Proceed In Forma Pauperis is presently pending before the Court. (Doc. No. 2-1).

The Court has considered the Application to Proceed in District Court Without Prepaying Fees or Costs, which indicates the child relies completely on Mr. Watkins for support and that the child has no income, assets, or liabilities. However, Mr. Watkins has not provided any of his own financial information. See White ex rel. Diggs v. Barnhart, 2002 WL 1760980 (M.D.N.C. July 30, 2002) (noting that, when determining the ability of a minor to pay the filing fees, the court may look to the financial resources of the minor, the parent, or if appropriate, a next friend or guardian ad litem).

The Court lacks adequate information to determine whether in forma pauperis status should be granted.

IT IS, THEREFORE, ORDERED that: (1) Plaintiff's Motion to Proceed In Forma Pauperis, (Doc. No. 2), is DENIED without prejudice to pay the filing fee or file an Amended Application within 20 days of this Order. (2) If Plaintiff fails to timely comply with this Order, the Complaint will be dismissed without prejudice and this case will be closed without further notice.

Signed: February 10, 2020 | LD. a Kenneth D. Bell Vy, United States District Judge i f