Barnett v. Social Security

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 JEFFREY P. BARNETT, Case No. 2:21-cv-01817-NJK

9 Plaintiff(s), Order 10 v. [Docket No. 1] 11 KILOLO KIJAKAZI, 12 Defendant(s). 13 Pending before the Court is Plaintiff’s application for leave to proceed in forma pauperis. 14 Docket No. 1. Plaintiff fails to identify whether he owns any items of value in response to Question 15 51 and also fails to provide the required information for persons who are dependent on him in 16 response to Question 7. The Court also notes the inconsistency in that the application identifies 17 only $194 of income each month in the form of SNAP benefits and no money on hand, while 18 identifying monthly costs of roughly $600. Accordingly, the Court DENIES Plaintiff’s 19 application for leave to proceed in forma pauperis without prejudice. Plaintiff will be granted an 20 opportunity to cure the deficiencies of the application to proceed in forma pauperis or, in the 21 alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new application to 22 proceed in forma pauperis, Plaintiff must file a complete, accurate application responding to every 23 question provided on the application.2 24 1 Among other items of value, it would appear that Plaintiff may own a car given that he 25 identifies car insurance as a monthly expense. See id. at 2. As Plaintiff does not identify any housing costs, it is also unclear whether he owns a home. 26 2 Because the Court has not granted the application to proceed in forma pauperis, the Court 27 will not at this time screen the complaint. See 28 U.S.C. § 1915(e). A cursory review of the complaint appears to reveal that it likely does not meet the governing standards. E.g., Graves v. 28 Colvin, 2015 WL 357121, *2 (D. Nev. Jan. 26, 2015) (collecting cases). A cursory review of the complaint also reveals that it does not comply with the formatting requirements in this courthouse, 1 No later than November 1, 2021, Plaintiff must either file a complete application to 2|| proceed in forma pauperis or pay the filing fee. Failure to timely comply with this order may 3] result in this case being dismissed without prejudice. 4 IT IS SO ORDERED. 5 Dated: October 1, 2021 Nancy J. Kappe 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ——_________ such as requiring filings to be presented on numbered pleading paper. Local Rule IA 10-1(a)(1). 26|| Counsel may find that it advances the interests of efficiency and expediency to file an amended complaint to address those issues without awaiting issuance of a screening order. See Fed. R. Civ. 27| P. 15(a)(1) (addressing amendment as a matter of course); see also Fed. R. Civ. P. 1 (parties have a duty to employ the rules in a manner that advances the just, speedy, and inexpensive 28] determination of actions).