(SS) Nunes v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SANDRA FAYE NUNES, Case No. 1:19-cv-01741-BAM 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATIONS 14 COMMISSIONER OF SOCIAL RECOMMENDING PLAINTIFF’S MOTION SECURITY, FOR LEAVE TO PROCEED IN FORMA 15 PAUPERIS BE DENIED Defendant. 16 (Doc. 2) 17 FOURTEEN (14) DAY DEADLINE 18 19 20 Plaintiff Sandra Faye Nunes (“Plaintiff”) is proceeding with counsel in this matter seeking 21 review of a decision of the Commissioner of Social Security. Plaintiff initiated this action on 22 December 13, 2019. (Doc. 1). On the same day, Plaintiff filed an application to proceed in forma 23 pauperis under 28 U.S.C. § 1915. (Doc. 2). According to Plaintiff’s application, she is not currently 24 employed and does not receive any money from other sources. However, her husband receives 25 income in the amount of $6,000.00 per month and she has cash or checking or savings accounts in 26 the amount of $8,000.00. (Doc. 2 at 2.) She has a mortgage payment of $1,500.00 per month, a 27 car insurance payment of $300.00 per month, a health insurance payment of $2,000.00 per month, 28 1 and spends $430.00 per month on utilities, $245.00 per month on phones, $150.00 per month on 2 internet, and $600.00 per month on unidentified loans. She does not have any identified 3 dependents. (Id.) 4 Having considered Plaintiff’s application, the Court finds that she has not made the showing 5 required by section 1915(a) that she is unable to pay the required fees for this action. Accordingly, 6 the Clerk of the Court is HEREBY DIRECTED to randomly assign a District Judge to this action. 7 Furthermore, it is HEREBY RECOMMENDED that: 8 1. Plaintiff’s application to proceed without prepayment of fees and costs (Doc. 2) be 9 DENIED; and 10 2. Plaintiff be required to pay the $400.00 filing fee in full to proceed with this 11 action. 12 These findings and recommendations are submitted to the United States District Judge 13 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) 14 days after being served with these findings and recommendations, Plaintiff may file written 15 objections with the Court. Such a document should be captioned “Objections to Magistrate Judge’s 16 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 17 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 18 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 19 IT IS SO ORDERED. 20 21 Dated: January 8, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28