Goncalves v. Kijakazi
| Maria Goncalves |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2022cv12114 |
| December 13, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Social Security: SSID Tit. XIV |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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| Filing 8 Judge Indira Talwani: ORDER entered denying without prejudice #7 Motion for Leave to Proceed in forma pauperis "Plaintiff Maria Goncalves's Revised Motion to Proceed In Forma Pauperis [Doc. No. 7] is DENIED without prejudice. Plaintiff Goncalves has not signed the amended Application to Proceed In District Court without Prepayment of Fees or Costs [Doc No. 7-1] under penalty of perjury; instead, the amended document is electronically signed by Goncalves's counsel. A signed affidavit by the individual seeking to proceed in forma pauperis is required by statute. See 28 U.S.C. 1915(a)(1). In addition, Goncalves has not provided sufficient information for the court to find that she does not have sufficient assets to pay the $402 filing and administrative fee where Goncalves's spouse's income and other assets are not listed, and Plaintiff has provided no information as to the availability to her of such assets. "In assessing an application to proceed in forma pauperis, a court may consider the resources that the applicant has or 'can get' from those who ordinarily provide the applicant with the 'necessities of life,' such as from a spouse, parent, adult sibling or other next friend.' Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002) (quoting Williams v. Spencer, 455 F. Supp. 205, 20809 (D. Md. 1978)). Accordingly, Goncalves shall by February 27, 2023 either: (1) pay the $402 filing and administrative fee or (2) seek leave of court including filing of a Form AO 239 (a copy of which is attached to this Order) which Goncalves not counsel shall complete and file. As part of any such motion, Goncalves shall explain whether she has access to, and the extent of, any of her spouse's assets that are available to her. Failure to comply with this order will likely result in dismissal of the action." (PSSA, 5) |
| Filing 7 Amended MOTION for Leave to Proceed in forma pauperis by Maria Goncalves. (Attachments: #1 Exhibit in forma pauperis)(Spunzo, David) |
| Filing 6 Judge Indira Talwani: ELECTRONIC ORDER entered denying #2 Motion for Leave to Proceed in forma pauperis "Plaintiff Maria Goncalves' Motion to Proceed In Forma Pauperis [Doc. No. 2] is hereby DENIED without prejudice. First, the Application to Proceed in District Court without Prepayment of Fees or Costs [Doc. No. 2-1 at 1] attached to the motion is incomplete; Goncalves left questions 5, 6, 7, and 8 blank. Second, in the Addendum to Financial Affidavit [Doc. No. 2-1 at 3], Goncalves discloses total monthly income that does not correspond to the weekly income listed in the Application and that monthly income significantly exceeds her expenses. On this record, the Court cannot determine whether Goncalves is eligible to proceed in forma pauperis. Accordingly, Goncalves shall by February 6, 2023, either: (1) pay the $402 filing and administrative fee or (2) file a renewed motion to proceed in forma pauperis that addresses the deficiencies noted above. Failure to comply with this Order will result in dismissal of the action without prejudice." (PSSA, 5) |
| Filing 5 NOTICE of Appearance by Amy C. Bland on behalf of Kilolo Kijakazi (Bland, Amy) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 3 Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Kelly, Danielle) |
| Filing 2 First MOTION for Leave to Proceed in forma pauperis by Maria Goncalves. (Attachments: #1 Exhibit in forma pauperis)(Spunzo, David) |
| Filing 1 COMPLAINT against Kilolo Kijakazi (Fee Status: IFP requested), filed by Maria Goncalves. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Supplement summons, #4 Supplement summons, #5 Supplement summons)(Spunzo, David) |
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