Ulugalu v. Berryhill

Filing 4

ORDER Denying Plaintiff's 3 Motion for Leave to Proceed in forma pauperis and Ordering Payment of Partial Filing Fee of $150.00. Signed by Judge Gonzalo P. Curiel on 6/20/17. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL PUNI ULUGALU,

Case No.: 17cv1087-GPC(JLB)
Plaintiff,

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v.

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ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS
AND ORDERING PAYMENT OF
PARTIAL FILING FEE

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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On May 26, 2017, Plaintiff Michael Puni Ulugalu (“Plaintiff”), proceeding with
counsel, filed a motion to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a).
(Dkt. No. 3.)
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
$400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to

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In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $50.
See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14
(eff. Dec. 1, 2014)). The additional $50 administrative fee does not apply to persons granted leave to
proceed IFP. Id.
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17cv1087-GPC(JLB)

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prepay the entire fee only if he is granted leave to proceed IFP pursuant to § 1915(a). See

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Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169

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F.3d 1176, 1177 (9th Cir. 1999). The plaintiff must submit an affidavit demonstrating his

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inability to pay the filing fee, and the affidavit must include a complete statement of the

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plaintiff’s assets. 28 U.S.C. § 1915(a)(1). The facts as to the affiant's poverty must be

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stated “with some particularity, definiteness, and certainty.” United States v. McQuade,

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647 F.2d 938, 940 (9th Cir. 1981).

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“Courts have discretion to impose partial filing fees under the in forma pauperis
statute.” Olivares v. Marshall, 59 F.3d 109, 111 (9th Cir. 1995). District courts may

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impose a partial filing fee “when it is economically feasible for an IFP plaintiff to pay it .

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. . .” Stehouwer v. Hennessey, 841 F. Supp. 316, 321 (N.D. Cal. 1994), vacated in part

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on other grounds, Olivares v. Marshall, 59 F.3d 109 (9th Cir. 1995). In assessing the

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amount of a partial filing fee, district courts may consider Plaintiff’s own economic

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choices about how he spends his money on nonessentials. Olivares, 59 F.3d at 112

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(district judge was entitled to consider prisoner Plaintiffs’ economic choices of

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purchasing name brand toiletries instead of generic toiletries provided by the prison, and

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also “crackers, potato chips, corn chips, cookies and candy”); Alexander v. Carson Adult

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High School, 9 F.3d 1448, 1449 (9th Cir. 1993) (“the court may consider the plaintiff's

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cash flow in the recent past, and the extent to which the plaintiff has depleted his savings

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on nonessentials.”).

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Here, Plaintiff submitted a declaration reporting that he is not presently employed

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and that he has not worked since December 2010. (Dkt. No. 3. at 2.) He declares that he

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receives money from “significant other works” in the amount of $2,400 per month. (Id.)

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He has a Navy Federal checking account with a reported balance of “$200 avg. (wife).”

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(Id.) He owns a 2006 Suburban vehicle. (Id.) He does not report having any other

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property or assets. (Id. at 3.) He has a three year old son and one year old son who are

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dependent on him. (Id.) He claims a total of $2375 in living expenses which results in a

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$25.00 per month surplus. (Id.) Living expenses include $375 in toiletries, $60 for
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17cv1087-GPC(JLB)

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internet and $500 for gas. (Id.) Plaintiff has not provided details as to each of these

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expenses. On its face, some of these expenses appear to be excessive and/or may

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constitute nonessential items which may be sacrificed in order to pay a partial filing fee.

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Due Plaintiff’s monthly surplus income and recognizing Plaintiff’s economic

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circumstances, the Court concludes that Plaintiff can afford to pay a partial filing fee.

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See Civ. Local R. 3.2(d). Thus, Court DENIES Plaintiff’s motion to proceed IFP and

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ORDERS a partial filing fee of $150.00.

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IT IS SO ORDERED.
Dated: June 20, 2017

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17cv1087-GPC(JLB)