Rafo v. Mihalco et al

Filing 4

ORDER Granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 10/3/2013. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ELIAS BAHOO RAFO ALKAS
MATTI,

)
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Plaintiff,
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v.
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GEORGE MIHALCO, Los Angeles
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Asylum Office Director, U.S.
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Citizenship and Immigration Services; )
RAND BEERS, Acting Secretary, U.S. )
Department of Homeland Security;
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ERIC H. HOLDER, U.S. Attorney
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General,
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Defendants.
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)

Case No. 3:13-cv-2364-GPC-RBB
ORDER GRANTING MOTION
FOR LEAVE TO PROCEED IN
FORMA PAUPERIS
(ECF NO. 2)

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On October 1, 2013, Plaintiff, through counsel, filed a complaint for relief in the

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nature of mandamus. (ECF No. 1.) Specifically, Plaintiff seeks a writ of mandamus

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compelling Defendants to process his application for asylum, which Plaintiff alleges

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has been pending and ready for adjudication for more than a year. Along with his

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Complaint, Plaintiff filed a motion for leave to proceed in forma pauperis (“IFP

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Motion”). (ECF No. 2.)

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All parties instituting any civil action, suit, or proceeding in a district court of

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the United States, except an application for writ of habeas corpus, must pay a filing fee

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of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure
3:13-cv-2364-GPC-RBB

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to prepay the entire fee only if the plaintiff is granted leave to proceed in forma

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pauperis pursuant to 28 U.S.C. 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177

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(9th Cir. 1999).

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prepayment of fees if the plaintiff submits an affidavit, including a statement of all of

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his or her assets, showing that he or she is unable to pay the fees. See 28 U.S.C.

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§1915(a).

A court may authorize the commencement of a suit without

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In support of his IFP Motion, Plaintiff declares he is seventy-four years old and

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that has not worked since 1991. Plaintiff declares that he has no sources of income or

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assets and that he relies entirely on his son (who Plaintiff alleges has already been

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granted asylee status) for financial support. Plaintiff declares that he has no debts or

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other obligations. Based on the foregoing, the Court finds Plaintiff has sufficiently

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demonstrated his inability to pay the required filing fee. Accordingly, Plaintiff’s IFP

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Motion is GRANTED.

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DATED: October 3, 2013

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HON. GONZALO P. CURIEL
United States District Judge

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3:13-cv-2364-GPC-RBB