Huntington v. Astrue

Filing 2

ORDER Denying without Prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of Court shall mail Plaintiff a blank Application to Proceed In Forma Pauperis for non-incarcerated litigants. Plaintiff shall have until 3/11/2 013 to file a completed Application to Proceed In Forma Pauperis. Alternatively, Plaintiff may pay the $350.00 filing fee no later than 3/11/2013. Signed by Magistrate Judge Peggy A. Leen on 2/8/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 VENESSA HUNTINGTON, ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, COMMISSIONER OF ) SOCIAL SECURITY, ) ) ) Defendant. ) __________________________________________) Case No. 2:13-cv-00015-JCM-PAL ORDER (IFP App - Dkt. #1) 13 14 Plaintiff Venessa Huntington has requested authority pursuant to 28 U.S.C. § 1915 to proceed in 15 forma pauperis and submitted a complaint (Dkt. #1). This proceeding was referred to this court by 16 Local Rule IB 1-9. 17 Plaintiff’s Application to Proceed In Forma Pauperis is incomplete because Plaintiff has not 18 responded to question 2, which asks about Plaintiff’s employer and take home wages, if any. Plaintiff 19 does list an employer, but she has not filled in a number on the take home wages line, which would 20 allow the court to confirm that. As a result, although it appears Plaintiff qualifies to proceed in forma 21 pauperis, the court cannot make that determination on this incomplete Application. 22 Accordingly, 23 IT IS ORDERED that: 24 1. 25 PREJUDICE. 26 2. 27 28 Plaintiff’s Application to Proceed In Forma Pauperis is DENIED WITHOUT The Clerk of Court shall mail Plaintiff a blank Application to Proceed In Forma Pauperis for non-incarcerated litigants. /// 1 3. 2 Plaintiff shall have until March 11, 2013, in which to file a completed Application to Proceed In Forma Pauperis. 3 4. Alternatively, Plaintiff may pay the $350.00 filing fee no later than March 11, 2013. 4 5. Failure to comply with this Order will result in a recommendation to the District Judge 5 6 that Plaintiff’s Application to Proceed In Forma Pauperis be denied with prejudice. Dated this 8th day of February, 2013. 7 8 9 ________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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