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