Nimry v. Berryhill

Filing 4

ORDER granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 5/31/2017. (fth)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 HALA NIMRY, v. CASE NO. 17CV0956 GPC RBB Plaintiff, NANCY A. BERRYHILL, Acting Commissioner of Social Security, ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS [Dkt. No. 2] Defendant. 14 15 16 17 18 19 Background 20 21 Plaintiff, Hala Nimry, with counsel, has filed a complaint requesting judicial 22 review of the Commissioner’s decision denying Plaintiff’s claims for disability 23 insurance benefits and supplemental security income under Title II & XVI of the 24 Social Security Act. Dkt. No. 1. Plaintiff did not prepay the civil filing fee required 25 by 28 U.S.C. § 1914(a) at the time of the filing, but instead filed a Motion to 26 Proceed in Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. For the following 27 reasons, the Court GRANTS Plaintiff’s motion to proceed IFP. 28 //// 1 2 Discussion All parties instituting any civil action, suit, or proceeding in a district court of 3 the United States, except an application for writ of habeas corpus, must pay a filing 4 fee of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s 5 failure to prepay the entire fee only if he is granted leave to proceed IFP pursuant to 6 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 7 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A court may 8 authorize the commencement of a suit without prepayment of fees if the plaintiff 9 submits an affidavit, including a statement of all of his or her assets, showing that he 10 or she is unable to pay the fees. See 28 U.S.C. §1915(a). Such an affidavit must 11 include a complete statement of the plaintiff’s assets. See id. 12 Here, Plaintiff submitted a declaration reporting that she is not presently 13 employed and that she has not worked since 2013. Dkt. No. 2 at 2. She receives 14 public assistance, retirement income, and other monetary contributions from family 15 for a total monthly income of $3,220. Id. at 1-2. Plaintiff adds she has $4.00 in her 16 checking account, she owns a car worth around $1,500.00, and she does not own any 17 real estate. Id. at 2-3. Plaintiff’s monthly expenses, which include rent, utilities, 18 food, transportation and motor vehicle insurance, amount to approximately $2,775. 19 Id. at 4-5. Because Plaintiff lacks substantial assets and because her expenses nearly 20 equal her total monthly income, she has sufficiently demonstrated that she is unable 21 to pay the required filing fee and that she meets the requirements to proceed IFP. 22 Conclusion 23 Plaintiff’s Motion for Leave to Proceed in Forma Pauperis is GRANTED. 24 IT IS SO ORDERED. 25 26 27 28 Dated: May 31, 2017

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