Brown v. Commissioner of Social Security

Filing 3

ORDER: The motion to proceed in forma pauperis is Granted (ECF No. 2 ). All matters arising in this social security case are referred to the Honorable William V. Gallo, United States Magistrate Judge, pursuant to 28 U.S.C. § 636 (b)(1) and Local Rule 72.1(c). Signed by Judge William Q. Hayes on 11/16/2017. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CRICKET S. BROWN,

CASE NO. 17cv2222-WQH-WVG

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ORDER

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Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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HAYES, Judge:
On October 31, 2017, Plaintiff initiated this action by filing a complaint
challenging a decision of the Commissioner of Social Security (ECF No. 1) and a
motion to proceed in forma pauperis (ECF No. 2).
All parties instituting a civil action, suit, or proceeding in a district court of the
United States, other than a petition for writ of habeas corpus, must pay a filing fee of
$400.00. See 28 U.S.C. § 1914(a); S.D. Cal. Civ. L.R. 4.5. An action may proceed
despite a party’s failure to pay only if the party is granted leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177
(9th Cir. 1999). All actions sought to be filed in forma pauperis pursuant to 28 U.S.C.
§ 1915 must be accompanied by an affidavit which includes a statement of all assets and
demonstrates an inability to pay initial fees or give security. 28 U.S.C. § 1915(a)(1);
CivLR 3.2(a). “To proceed in forma pauperis is a privilege not a right.” Smart v.
Heinze, 347 F.2d 114, 116 (9th Cir. 1965).

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17cv2222-WQH-WVG

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In the affidavit accompanying the motion to proceed in forma pauperis, Plaintiff

2 states that she is unable to pay the costs of these proceedings.

The affidavit

3 demonstrates that Plaintiff is unemployed and that disability benefits provide her only
4 source of income. Plaintiff’s total monthly expenses, including extensive medical costs,
5 are greater than her total monthly income. After considering Plaintiff’s motion and
6 affidavit, the Court determines that Plaintiff cannot afford to pay the filing fee in this
7 case and is eligible to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).
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IT IS HEREBY ORDERED that the motion to proceed in forma pauperis

9 is GRANTED. (ECF No. 2)
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IT IS FURTHER ORDERED that all matters arising in this social security case

11 are referred to the Honorable William V. Gallo, United States Magistrate Judge,
12 pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c).
13 DATED: November 16, 2017
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WILLIAM Q. HAYES
United States District Judge

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17cv2222-WQH-WVG