Escobar Agsaoay v. Colvin

Filing 4

ORDER Granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 2/8/16. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Nida Escobar Agsaoay,

Case No.: 15-CV-2728-GPC-NLS
Plaintiff,

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ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS

v.
Commissioner of Social Security,
Defendant.

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(ECF No. 2)

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Before the Court is Plaintiff’s Motion for Leave to Proceed in Forma Pauperis.
(ECF No. 2).

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BACKGROUND

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On December 04, 2015, Plaintiff Nida Escobar Agsaoay’s, with counsel, initiated

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this action by filing a Complaint seeking review of the Social Security Commissioner’s

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decision. (ECF No. 1). On that same day, Plaintiff filed the Motion for Leave to Proceed

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In Forma Pauperis. (ECF No. 2).

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DISCUSSION

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Any party instituting any civil action, suit or proceeding in a district court of the

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

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$400. 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to prepay

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the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant
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15-CV-2728-GPC-NLS

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to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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In her declaration accompanying the Motion to Proceed in Forma Pauperis,

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Plaintiff states that she is unemployed, she receives $151 per month in food stamps, and

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her husband receives Navy retirement benefit (DFAS) of $1133.87 a month. Plaintiff

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maintains a checking account with a current balance of $25.00 and a joint savings

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account with her husband with a current balance of $34.00. She owns a Ford Explorer

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(1996) and does not have any other significant assets such as real estate, stocks, bonds, or

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securities. Plaintiff takes care of her son and also owes $3568.10 in debt. (ECF No. 2 at

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2–3).

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The Court has reviewed Plaintiff’s declaration of assets and finds it is sufficient to

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show that Plaintiff is unable to pay the fees or post securities required to maintain this

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action.

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CONCLUSION
Plaintiff’s Motion for Leave to Proceed in Forma Pauperis is GRANTED. (ECF
No. 2).
IT IS SO ORDERED.
Dated: February 8, 2016

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15-CV-2728-GPC-NLS