(SS) Hernandez 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 MAYRA MARGARITA HERNANDEZ, Case No. 1:20-cv-00897-BAM 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT 13 v. JUDGE 14 COMMISSIONER OF SOCIAL SECURITY, FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S 15 Defendant. APPLICATION TO PROCEED IN FORMA PAUPERIS BE DENIED 16 (Doc. Nos. 2, 5) 17 FOURTEEN (14) DAY DEADLINE 18 19 On June 26, 2020, Plaintiff Mayra Margarita Hernandez (“Plaintiff”), proceeding through 20 counsel, filed the complaint in this action.1 (Doc. No. 1.) Plaintiff did not pay the filing fee 21 and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 22 (Doc. No. 2). 23 On July 1, 2020, the Court ordered Plaintiff to complete and file an Application to 24 Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 because 25 Plaintiff’s application demonstrated that she may be receiving income well above the poverty 26 threshold, and the information was insufficient for the Court to determine if she is entitled to 27 1 Pursuant to General Order Number 615, this action is currently stayed pending further order of the Court. 1 proceed without prepayment of fees in this action. (Doc. No. 4.) On July 23, 2020, Plaintiff 2 filed a completed Application to Proceed in District Court Without Prepaying Fees or Costs 3 (Long Form) – AO 239. (Doc. No. 5.) 4 According to Plaintiff’s application, she is not currently employed and does not receive 5 any money from other sources. However, her spouse receives income in the amount of 6 $3,000.00 per month and they have $764.64 in a checking account. Plaintiff does not have 7 monthly expenses and her spouse’s monthly expenses include $647.40 per month in rent or 8 home-mortgage payments, $450.00 per month for utilities, $800.00-$900.00 per month for 9 food, $80.00 per month for clothing, $80.00 per month for laundry and dry-cleaning, $160.00- 10 $200.00 per month for medical and dental expenses, $70.00 per month for homeowner’s or 11 renter’s insurance, $110.00 per month for motor vehicle insurance, $3,004.26 per year for 12 taxes, and $100.00 per month in installment payments for hospital bills. Plaintiff does not 13 identify any dependents. 14 Having considered Plaintiff’s application, the Court finds that she has not made the 15 showing required by section 1915(a) that she is unable to pay the required fees for this action. 16 Accordingly, the Clerk of the Court is HEREBY DIRECTED to randomly assign a District 17 Judge to this action. 18 Furthermore, it is HEREBY RECOMMENDED that: 19 1. Plaintiff’s application to proceed without prepayment of fees and costs (Doc. Nos. 20 2, 5) be DENIED; and 21 2. Plaintiff be required to pay the $400.00 filing fee in full to proceed with this 22 action. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 25 (14) days after being served with these findings and recommendations, Plaintiff may file 26 written objections with the Court. Such a document should be captioned “Objections to 27 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 1 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 2 (9th Cir. 1991)). 3 IT IS SO ORDERED. 4 5 Dated: July 24, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27