Reppe v. Colvin

Filing 4

ORDER Denying Without Prejudice 3 Plaintiff's Motion for Leave to Proceed in forma pauperis. Plaintiff granted fourteen (14) days leave to file an amended IFP application. Signed by Judge Gonzalo P. Curiel on 1/17/2014. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TONI LYNN REPPE,

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vs.

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Plaintiff,

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS
[Dkt. No. 3.]

Defendant.

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CASE NO. 14cv0122-GPC(DHB)

On January 16, 2014, Plaintiff Toni Lynn Reppe (“Plaintiff”) filed a motion to
proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a). (Dkt. No 3.) All
proceedings filed with the District Court require a filing fee unless the Court grants IFP
status, waiving the fee. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
Under 28 U.S.C. § 1915(a) the Court may waive the filing fee, if a party demonstrates
an inability to pay by submitting an affidavit stating all assets of the individual.
Receipt of IFP status is a privilege, not a right. Franklin v. Murphy, 745 F.2d 1221,
1232 (9th Cir. 1984).
Here, Plaintiff submitted an application and affidavit using the IFP application
form from the U.S. District Court for the Eastern District of California1 stating

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Although the form used by the U.S. District Court for the Southern District of
28 California is largely similar to the form used by Plaintiff, the Southern District of
California form requests that applicants list any debts and obligations.
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[13cv2625-GPC(WMC) ]

1 Plaintiff’s assets. (Dkt. No. 3.) Plaintiff asserts that Plaintiff last worked in August
2 2005, for one week, and is not currently employed. Plaintiff receives $866.40 per
3 month in Social Security Income, owns $125.00 in a checking account, and owns a
4 Jeep Grand Cherokee valued between four and five thousand dollars. Plaintiff does not
5 list any debt, obligations, expenses, or persons who are dependent on Plaintiff for
6 support.
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On consideration of Plaintiff’s affidavit, the Court finds that Plaintiff has not

8 sufficiently demonstrated inability to pay the required filing fee and fails to meet the
9 requirements to proceed IFP. Therefore, the Court DENIES Plaintiff’s motion to
10 proceed IFP. However, Plaintiff is granted leave to file an amended IFP application,
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12 of California, within fourteen (14) days of the date of this order.
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IT IS SO ORDERED.

14 DATED: January 17, 2014
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HON. GONZALO P. CURIEL
United States District Judge

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[13cv2625-GPC(WMC) ]