Foster v. Colvin

Filing 4

ORDER Granting 3 Plaintiff's Motion for Leave to Proceed In Forma Pauperis. Signed by Judge Gonzalo P. Curiel on 11/6/2015. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DIANE FOSTER,

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v.

CASE NO. 15cv2515-GPC(PCL)
Plaintiff,

CAROLYN W. COLVIN,
Commissioner of Social Security,

ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS
[Dkt. No. 3.]

Defendant.
On November 6, 2015, Plaintiff Diane Foster (“Plaintiff”) filed this action

17 pursuant to 42 U.S.C. § 405(g) of the Social Security Act along with a motion to
18 proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a). (Dkt. Nos. 1, 3). All
19 proceedings filed with the District Court require a filing fee unless the Court grants
20 IFP status, waiving the fee. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
21 Under 28 U.S.C. § 1915(a), the Court may waive the filing fee if a party demonstrates
22 an inability to pay by submitting an affidavit reporting all assets of the individual. 28
23 U.S.C. § 1915(a).
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Here, Plaintiff submitted a declaration reporting that she is not presently
25 employed and she has not worked since 2006. (Dkt. No. 3 at 2.) She declares that she
26 receives food stamps and child support in the amount of $410.28 per month. (Id.) She
27 does not have any bank accounts. (Id.) She owns a 2001 Ford Explorer. (Id.) She
28 does not own any real estate, stocks, or other financial instruments. (Id. at 3.) She has
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[15cv2515-GPC(PCL)]

1 debt in the amount of $253.58 per month. (Id.) Based on these facts, Plaintiff has
2 sufficiently demonstrated that she is unable to pay the required filing fee and meets the
3 requirements to proceed IFP. Therefore, the Court GRANTS Plaintiff's motion to
4 proceed IFP.
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IT IS SO ORDERED.

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7 DATED: November 6, 2015
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HON. GONZALO P. CURIEL
United States District Judge

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[15cv2515-GPC(PCL)]