(SS) (PS) Williams v. Commissioner of Social Security ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARY LOUISE WILLIAMS, Case No. 2:24-cv-03105-CSK 12 Plaintiff, 13 v. ORDER REGARDING MOTION TO PROCEED FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 2) 15 Defendant. 16 17 18 Plaintiff Mary Louise Williams requests leave to proceed without prepayment of 19 the filing fee, in forma pauperis (“IFP”), under 28 U.S.C. § 1915.1 (ECF No. 2.) However, 20 Plaintiff’s affidavit is incomplete and does not contain all the information needed for the 21 Court to determine whether this motion should be granted. Specifically, in responding to 22 question 2, Plaintiff states that she receives gross pay or wages of $1,182 and take- 23 home pay or wages of $1,182 per month, but she has not included her employer’s name 24 or address. In question 3, Plaintiff checked the box “yes” that she received income from 25 rent payments, interest, or dividends income in the past 12 months. However, Plaintiff 26 has not described the source of that income, the amount received, and what she expects 27 1 This case was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1), Fed. R. 28 Civ. P. 72, and E.D. Cal. L.R. 302(c)(15) and Appx. A subsection (j). 1 | to receive in the future. Instead, Plaintiff lists her expenses. In response to question 6 2 || about expenses, Plaintiff states that “there are not anything that | have in my name so 3 | far.” Additionally, in response to the question about whether Plaintiff has any debts or 4 | financial obligations, she says that “I don’t have any money at all.” It’s unclear whether 5 | Plaintiff actually receives income from rent payments, interest, or dividends as indicated, 6 | or if she mistakenly checked “yes” to identify her expenses. 7 As outlined above, the Court needs clarification about whether Plaintiff has 8 | alleged poverty with “particularity, definiteness and certainty.” Escobedo v. Applebees, 9 | 787 F.3d 1226, 1234 (9th Cir. 2015) (citation omitted). 10 Accordingly, IT |S HEREBY ORDERED that: 11 1. Within twenty-one days of the date of this order, Plaintiff shall file a complete 12 affidavit responding to all questions, including but not limited to the following 13 information: 14 a. Plaintiff's employer's name and address (if any) in response to question 2; 15 b. The source and amount of any income Plaintiff received in the past 12 16 months in response to question 3; 17 c. Plaintiff's monthly expenses in response to question 6; and 18 d. Any debts or financial obligations that Plaintiff owes (if any) in response to 19 question 8; and 20 2. The Clerk of the Court is directed to provide Plaintiff with a blank copy of the 21 Application to Proceed in District Court Without Prepaying Fees or Costs. 22 23 | Dated: November 21, 2024 CO i S \U 24 CHI S00 KIM 25 UNITED STATES MAGISTRATE JUDGE 26 || 5, will.3105.24 27 28