(SS) Medina v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 6 JOSEPHINA ANN MEDINA, CASE NUMBER: 1:21-cv-00566-GSA 7 Plaintiff, FINDINGS AND v. RECOMMENDATIONS TO DENY APPLICATION TO PROCEED IN ANDREW SAUL, Commissioner of Social FORMA PAUPERIS AND TO Security, REQUIRE FILING FEE PAYMENT,

AND DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN A UNITED Defendant. STATES DISTRICT JUDGE 12 (Docs. 2)

16 On April 5, 2021 Plaintiff filed a complaint in this Court and applied to proceed without prepayment of fees (in forma pauperis) pursuant to 28 U.S.C. § 1915. Docs. 1–2. I. Legal Standard In order to proceed without prepayment of the filing fee, Plaintiff must submit an affidavit demonstrating that she “is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). “To proceed in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). In enacting the in forma…