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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL VALIANT, Case No.: 17-cv-2085-JAH-AGS 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 October 10, 2017, Plaintiff, proceeding through counsel, filed a complaint 19 seeking review of an administrative decision denying his application for social security 20 disability benefits. [Doc. No. 1]. Plaintiff also filed a motion to proceed without 21 prepayment of fees. [Doc. No. 2]. 22 All parties instituting any civil action, suit or proceeding in a district court of the 23 United States, except an application for writ of habeas corpus, must pay a filing fee of 24 $400. See 28 U.S.C. § 1914(a). A court may authorize the commencement of a suit without 25 prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or 26 her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a). 27 Plaintiff states he and his spouse are unemployed. Plaintiff receives $357.00 dollars 28 in food stamps and his wife will be receiving $260.00 in unemployment benefits every 1 17-cv-2085-JAH-AGS 1 month. Additionally, Plaintiff explains that a friend is allowing the couple stay in his home 2 during their present time of hardship. Based on the information presented by Plaintiff, the 3 Court finds he sufficiently demonstrates his inability to pay the filing fee required to pursue 4 the instant action. 5 Accordingly, IT IS HEREBY ORDERED: 6 1. Plaintiff’s motion to proceed in forma pauperis is GRANTED. 7 2. The United States Marshal Service shall serve a copy of the complaint and 8 summons upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of 9 service shall be advanced by the United States. 10 3. Plaintiff shall serve upon Defendant or, if appearance has been entered by 11 counsel, upon Defendant’s counsel, a copy of every further pleading or other document 12 submitted for consideration of the Court. Plaintiff shall include with the original paper to 13 be filed with the Clerk of the Court a certificate stating the manner in which a true and 14 correct copy of any document was served on Defendant or Defendant’s counsel and the 15 date of service. Any paper received by a district judge or magistrate judge which has not 16 been filed with the Clerk or which fails to include a Certificate of Service may be 17 disregarded. 18 DATED: 19 20 21 March 7, 2018 ____________________________________ JOHN A. HOUSTON United States District Judge 22 23 24 25 26 27 28 2 17-cv-2085-JAH-AGS

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