Go v. Berryhill

Filing 6

ORDER Granting Motion to Proceed in forma pauperis. US Marshal shall effect service of complaint. Signed by Judge John A. Houston on 3/7/2018. (IFP Packet Mailed, Copy to USM)(mpl)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JIMMY MACIAS GO, Case No.: 17-cv-0903-JAH-BGS Plaintiff, 12 13 v. 14 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS NANCY A. BERRYHILL, Commissioner of Social Security, 15 16 Defendant. 17 18 On May 4, 2017, Plaintiff, proceeding through counsel, filed a complaint seeking 19 review of an administrative decision denying his application for social security disability 20 benefits. [Doc. No. 1]. Plaintiff also filed a motion to proceed without prepayment of fees. 21 [Doc. No. 2]. On January 2, 2018, Plaintiff filed a supplemental motion to proceed without 22 prepayment of fees. [Doc. No. 5]. 23 All parties instituting any civil action, suit or proceeding in a district court of the 24 United States, except an application for writ of habeas corpus, must pay a filing fee of 25 $400. See 28 U.S.C. § 1914(a). A court may authorize the commencement of a suit without 26 prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or 27 her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a). 28 1 17-cv-0903-JAH-BGS 1 Plaintiff states he is unemployed and receives no public assistance in the form of 2 disability or unemployment benefits. Plaintiff explains that he has no income and no assets 3 so his family pays his rent and assists him with food, clothing and transportation costs. 4 Based on the information presented by Plaintiff, the Court finds he sufficiently 5 demonstrates his inability to pay the filing fee required to pursue the instant action. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. Plaintiff’s motion to proceed in forma pauperis is GRANTED. 8 2. The United States Marshal Service shall serve a copy of the complaint and 9 10 11 summons upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States. 3. Plaintiff shall serve upon Defendant or, if appearance has been entered by 12 counsel, upon Defendant’s counsel, a copy of every further pleading or other document 13 submitted for consideration of the Court. Plaintiff shall include with the original paper to 14 be filed with the Clerk of the Court a certificate stating the manner in which a true and 15 correct copy of any document was served on Defendant or Defendant’s counsel and the 16 date of service. Any paper received by a district judge or magistrate judge which has not 17 been filed with the Clerk or which fails to include a Certificate of Service may be 18 disregarded. 19 DATED: 20 21 22 March 7, 2018 ____________________________________ JOHN A. HOUSTON United States District Judge 23 24 25 26 27 28 2 17-cv-0903-JAH-BGS

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