Harris Jr. v. County of San Diego Probation Department

Filing 4

ORDER granting plaintiff's 2 Motion to Proceed in Forma Pauperis. Signed by Magistrate Judge Ruben B. Brooks on 2/21/17. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EUGENE ANGELO HARRIS JR.,

Case No.: 17cv234 LAB (RBB)

Plaintiff,

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v.

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ORDER GRANTING PLAINTIFF'S
MOTION TO PROCEED IN FORMA
PAUPERIS [ECF NO. 2]

COUNTY OF SAN DIEGO
PROBATION DEPARTMENT,

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Defendant.

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On February 7, 2017, Plaintiff Eugene Angelo Harris Jr. (“Plaintiff”), commenced

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this action against Defendant County of San Diego Probation Department. (Compl. 1,

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ECF No. 1.) On the same day, Plaintiff also filed an “Application to Proceed in District

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Court Without Prepaying Fees or Costs” (the “Motion to Proceed in Forma Pauperis”)

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[ECF No. 2]. For the reasons explained below, the Motion to Proceed in Forma Pauperis

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is GRANTED.

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All parties 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. See 28 U.S.C.A. § 1914(a) (West 2006). An action may proceed despite a

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plaintiff’s failure to prepay the entire fee only if the plaintiff is granted leave to proceed

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in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1) (West 2006). See Rodriguez v.
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17cv234 LAB (RBB)

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Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). All actions sought to be filed in forma

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pauperis under 28 U.S.C. § 1915 must be accompanied by an affidavit signed by the

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applicant under penalty of perjury that includes a statement of all assets showing inability

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to pay initial fees or give security. 28 U.S.C.A. § 1915(a)(1); S.D. Cal. Civ. R. 3.2(a).

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Here, Plaintiff has submitted an affidavit stating that he is currently unemployed.

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(See Mot. Proceed in Forma Pauperis 2, ECF No. 2.) He receives $883.84 each month in

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disability benefits, (id.), but has received no other income or benefits from any other

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source in the past twelve months, (id. at 1). He does not own a car or any real property.

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(Id. at 3.)

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Based on the declaration regarding his current financial resources, Plaintiff has

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sufficiently shown that he cannot pay the filing fee because of his poverty. Adkins v. E.I.

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DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Because Harris has satisfied

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the requirements of 28 U.S.C. § 1915(a), his Motion to Proceed in Forma Pauperis is

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GRANTED.

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Dated: February 21, 2017

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17cv234 LAB (RBB)