Valiant v. Berryhill

Filing 4

ORDER granting 2 Motion for Leave 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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL VALIANT,

Case No.: 17-cv-2085-JAH-AGS
Plaintiff,

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v.

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

NANCY A. BERRYHILL, Commissioner
of Social Security,

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Defendant.

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On October 10, 2017, Plaintiff, proceeding through counsel, filed a complaint

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seeking review of an administrative decision denying his application for social security

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disability benefits. [Doc. No. 1]. Plaintiff also filed a motion to proceed without

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prepayment of fees. [Doc. No. 2].

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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. § 1914(a). A court may authorize the commencement of a suit without

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prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or

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her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a).

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Plaintiff states he and his spouse are unemployed. Plaintiff receives $357.00 dollars

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in food stamps and his wife will be receiving $260.00 in unemployment benefits every
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17-cv-2085-JAH-AGS

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month. Additionally, Plaintiff explains that a friend is allowing the couple stay in his home

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during their present time of hardship. Based on the information presented by Plaintiff, the

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Court finds he sufficiently demonstrates his inability to pay the filing fee required to pursue

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the instant action.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff’s motion to proceed in forma pauperis is GRANTED.

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2.

The United States Marshal Service shall serve a copy of the complaint and

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summons upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of

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service shall be advanced by the United States.

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3.

Plaintiff shall serve upon Defendant or, if appearance has been entered by

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counsel, upon Defendant’s counsel, a copy of every further pleading or other document

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submitted for consideration of the Court. Plaintiff shall include with the original paper to

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be filed with the Clerk of the Court a certificate stating the manner in which a true and

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correct copy of any document was served on Defendant or Defendant’s counsel and the

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date of service. Any paper received by a district judge or magistrate judge which has not

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been filed with the Clerk or which fails to include a Certificate of Service may be

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disregarded.

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DATED:

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March 7, 2018
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JOHN A. HOUSTON
United States District Judge

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