(SS) Fernandes-Silva v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIA FERNANDES-SILVA, Case No. 1:22-cv-00575-SAB 12 Plaintiff, ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS 13 v. WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM 14 COMMISSIONER OF SOCIAL SECURITY, APPLICATION 15 Defendant. (ECF No. 2) 16 TWENTY-ONE DAY DEADLINE 17 18 Plaintiff Maria Fernandes-Silva filed a complaint on May 13, 2022, challenging a final 19 decision of the Commissioner of Social Security denying an application for disability benefits. 20 Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in 21 forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, Plaintiff’s application 22 does not currently provide sufficient information for the Court to conclude that they are entitled 23 to proceed in this action without prepayment of fees. Specifically, Plaintiff proffers monthly 24 income of $1,350.00 per month in private disability payments, or approximately $16,200 per 25 year. (ECF No. 2 at 1.) Plaintiff proffers $972 in monthly expenses, and states she has 26 $20,800.00 in her checking/savings account. (ECF No. 2 at 2.) In assessing whether a certain 27 income level meets the poverty threshold under §1915(a)(1), courts look to the federal poverty guidelines developed each year by the Department of Health and Human Services. See, e.g., 1 | Boulas v. U.S. Postal Serv., No. 1:18-cv-01163-LJO-BAM, 2018 WL 6615075, at *1 n.1 (E.D. 2 | Cal. Nov. 1, 2018). The 2022 federal poverty guideline for a household of one is $13,590. See 3 | 2022 Poverty Guidelines, https://aspe.hhs.gov/poverty-guidelines (last visited May 16, 2022). 4 | Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed in 5 | District Court Without Prepaying Fees or Costs (Long Form) — AO 239. If Plaintiff is unwilling 6 | to complete and submit the long form application, Plaintiff must pay the filing fee in full. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; 9 2. The Clerk of the Court is directed to forward an in forma pauperis application 10 (Long Form) to Plaintiff; 11 3. Within twenty-one (21) days of the date of this order, Plaintiff shall either (1) 12 pay the $402.00 filing fee for this action, or (2) file a long form application to 13 proceed in forma pauperis without prepayment of the fee; and 14 4. If Plaintiff fails to comply with this order, this action shall be dismissed. 15 16 IT IS SO ORDERED. FA. ee 17 | Dated: _ May 16, 2022 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28