Sherylabigail Elissa Castro Santillan v. Frank J. Bisignano, Commissioner of Social Security

Castro Santillan v. Bisignano · United States District Court for the District of Nevada · December 4, 2025 · No. 2:25-cv-02356-MDC

Summary

The United States District Court for the District of Nevada denied without prejudice the plaintiff’s application to proceed in forma pauperis in a Social Security appeal. The court found deficiencies and inconsistencies in the financial information provided and ordered the plaintiff either to submit a corrected Long Form application or pay the filing fee by the stated deadline. The order warns that failure to comply may result in a recommendation of dismissal.

Holdings

  1. Plaintiff's IFP application was insufficient because inconsistencies and omissions prevented the court from determining her financial status.
  2. The IFP application was denied without prejudice, and plaintiff was permitted to submit a new, complete Long Form IFP application or pay the full filing fee.

Questions Presented

  1. Whether plaintiff demonstrated under 28 U.S.C. § 1915(a)(1) that she was unable to pay the filing fee while providing herself with the necessities of life.
  2. Whether the court should deny plaintiff's IFP application without prejudice because the application contained material inconsistencies and omitted information necessary to evaluate her financial status.

Disposition

other

Cases Cited (10)

  • Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015)(followed)
  • Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
  • United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
  • Marin v. Hahn, 271 Fed. Appx. 578 (9th Cir. 2008)(followed)
  • Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016)(followed)
  • Greco v. NYE Cty. Dist. Judge Robert Lane, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493981, at *3 (D. Nev. Nov. 9, 2016)(followed)
  • Greco v. Lake, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493963 (D. Nev. Dec. 30, 2016)(followed)
  • Thomas v. Arn, 474 U.S. 140, 142 (1985)(followed)
  • Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991)(followed)
  • Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983)(followed)

Cited In (0)

No citing cases on record yet.

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