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
- Plaintiff's IFP application was insufficient because inconsistencies and omissions prevented the court from determining her financial status.
- 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
- 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.
- 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.
Court Document
Open PDFLoading document…