(SS) Badillo v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CECILIO BADILLO, Case No. 1:20-cv-00393-SAB

Plaintiff, ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS v. WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM

Defendant. (ECF No. 2)

Cecilio Badillo (“Plaintiff”) filed a complaint in this action seeking review of the final decision of the Commissioner of Social Security denying disability benefits. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, Plaintiff’s application does not provide sufficient information for the Court to determine if he is entitled to proceed in this action without prepayment of fees. In order to proceed in court without prepayment of the filing fee, Plaintiff must submit an affidavit demonstrating that he “is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). In assessing whether a certain income level meets the poverty threshold under Section 1915(a)(1), courts look to the federal poverty guidelines developed each year by the Department of Health and Human Services. See, e.g., Lint v. City of Boise, No. CV09-72-S- EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009) (and cases cited therein). The 2020 Poverty Guidelines for the 48 contiguous states for a household of three is $21,720.00. 2020 Poverty Guidelines, https://aspe.hhs.gov/poverty-guidelines (last visited March 18, 2020). Plaintiff's application states that his wife makes $2,000.00, his adult son helps them pay their mortgage and he has a twelve year old son who is dependent upon him for support. Plaintiff’s application shows that his household income is over $24,000.00 and does not demonstrate that he is entitled to proceed without prepayment of fees in this action. Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239. If Plaintiff is unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in full. Based upon the foregoing, it is HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; 2. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239 to Plaintiff; 3. Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the $400.00 filing fee for this action, or (2) complete and file the enclosed Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) — AO 239; and 4. If Plaintiff fails to comply with this order, this action shall be dismissed for failure to pay the filing fee and failure to comply with a court order. 73 IT IS SO ORDERED. F- 2 ee Dated: _March 24, 2020_ Of UNITED STATES MAGISTRATE JUDGE