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)

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