Guevara v. Social Security Administration

E.D. Arkansas

Guevara v. Social Security Administration

DecidedNovember 23, 2022

Docket3:22-cv-00295

StatusUnknown

This text of Guevara v. Social Security Administration (Guevara v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Guevara v. Social Security Administration, (E.D. Ark. 2022).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION TENA L. GUEVARA PLAINTIFF Vv. Case No. 3:22-cv-00295-LPR-JTK KILOLO KIJAKAZI, DEFENDANT Acting Commissioner Social Security ORDER Pending before the Court is Plaintiff Tena Guevara’s Application to Proceed In Forma Pauperis. (Doc. No. 1) Plaintiff's Application should be amended and completed in its entirety. In the Application’s introductory paragraph, Robbie Gene Morgan, not Tena Guevara, is named as Plaintiff. (Doc. No. 1) That should be corrected. Additionally, Plaintiff does not indicate whether she has any monthly expenses and/or ongoing financial debts or obligations as requested on the standard form/application to proceed in this Court without prepaying fees or costs. The purpose of 28 U.S.C. § 1915 is to ensure that indigent litigants have an entre, not a barrier, to the federal courts. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823 (3rd Cir. 1975)). Although a claimant need not be completely destitute to take advantage of the IFP statute, he or she must show that paying the filing fee would result in an undue financial hardship. Williamson, 786 F.2d at 1338. Therefore, this Court directs Plaintiff to complete her Application correctly and in its entirety within fourteen (14) days of the date of this Order. SO ORDERED THIS 23rd day of November, 2022. :

JEROMET.KEARNEY sis UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION TENA L. GUEVARA PLAINTIFF Vv. Case No. 3:22-cv-00295-LPR-JTK KILOLO KIJAKAZI, DEFENDANT Acting Commissioner Social Security ORDER Pending before the Court is Plaintiff Tena Guevara’s Application to Proceed In Forma Pauperis. (Doc. No. 1) Plaintiff's Application should be amended and completed in its entirety. In the Application’s introductory paragraph, Robbie Gene Morgan, not Tena Guevara, is named as Plaintiff. (Doc. No. 1) That should be corrected. Additionally, Plaintiff does not indicate whether she has any monthly expenses and/or ongoing financial debts or obligations as requested on the standard form/application to proceed in this Court without prepaying fees or costs. The purpose of 28 U.S.C. § 1915 is to ensure that indigent litigants have an entre, not a barrier, to the federal courts. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823 (3rd Cir. 1975)). Although a claimant need not be completely destitute to take advantage of the IFP statute, he or she must show that paying the filing fee would result in an undue financial hardship. Williamson, 786 F.2d at 1338. Therefore, this Court directs Plaintiff to complete her Application correctly and in its entirety within fourteen (14) days of the date of this Order. SO ORDERED THIS 23rd day of November, 2022. :

JEROMET.KEARNEY sis UNITED STATES MAGISTRATE JUDGE

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