Bachli v. Colvin

Filing 3

ORDER Granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis; Referring Matter to Magistrate Judge for Report and Recommendation. Signed by Judge Gonzalo P. Curiel on 10/23/2013. (srm)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10

RALPH BACHLI,

11
12

CASE NO. 13CV2500-GPC-BLM
Plaintiff,

(1) GRANTING PLAINTIFF’S
MOTION TO PROCEED IFP;

vs.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER

CAROLYN W COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

(2) REFERRING MATTER TO
MAGISTRATE JUDGE FOR
REPORT AND
RECOMMENDATION
[Dkt. No. 2]

On October 16, 2013, Plaintiff Ralph Bachli (“Plaintiff”) filed a motion to
proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a). (Dkt. No. 2.) For the
following reasons, the Court GRANTS Plaintiff’s motion to proceed IFP.
All parties instituting any civil action, suit, or proceeding in a district court of
the United States, except an application for writ of habeas corpus, must pay a filing fee
of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure
to prepay the entire fee only if the plaintiff is granted leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176,
1177 (9th Cir. 1999). The benefit of proceeding in forma pauperis is a privilege, not
a right. See Franklin v. Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984). A court may
authorize the commencement of a suit without prepayment of fees if the plaintiff
-1-

[13CV2500-GPC-BLM ]

1 submits an affidavit, including a statement of all of his or her assets, showing that he
2 or she is unable to pay the fees. See 28 U.S.C. § 1915(a).
3

Here, Plaintiff submitted an application and affidavit stating his assets. (Dkt.

4 No. 2.) Plaintiff asserted that he is not presently employed, receives $200.00 per
5 month in food stamps, has a checking account with a current balance of $10.00, and has
6 no savings. (Id.) Plaintiff states that he has debt consisting of $60,000 in student loans
7 and $30,000 in credit card debt and relies on his parents to cover payments for his
8 student loans and pay his rent; however, the amount of rent is not stated. (Id.) Plaintiff
9 further asserts that he has no automobile, real estate, or any other assets. (Id.)
10

On consideration of Plaintiff’s affidavit, Plaintiff has sufficiently demonstrated

11 that he is unable to pay the required filing fee and meets the requirements to proceed
12 IFP. Therefore, the Court GRANTS Plaintiff’s motion to proceed IFP.
13

IT IS FURTHER ORDERED that all matters arising in this social security

14 appeal are referred to the Honorable Barbara Lynn Major, for report and
15 recommendation pursuant to section 636(b)(1)(B) of Title 28 of the United States Code
16 and Civil Local Rule 72.1. See 28 U.S.C. § 636(b)(1)(B); S.D. Cal. Civ. L. R. 72.1.
17
18

IT IS SO ORDERED.

19
20 DATED: October 23, 2013
21
22

HON. GONZALO P. CURIEL
United States District Judge

23
24
25
26
27
28
-2-

[13CV2500-GPC-BLM ]