Morgan v. Berryhill

Filing 8

ORDER Granting 7 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Karen S. Crawford on 12/7/2017. (All non-registered users served via U.S. Mail Service)(jdt)

FILED

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DEC 0 7 2017

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TRAVIS MORGAN,

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Case No.: l 7cv2227-LAB(KSC)

Plaintiff,

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v.

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NANCY BERRYHILL, Acting
Commissioner, Social Security
Administration,

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PLAINTIF~'S

ORDER GRANTING
APPLICATION TO PROCEED 11'
DISTRICT COURT WITHOUT •
PREPAYING FEES OR COSTS I
[Doc. No. 7)

Defendant.

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Plaintiff recently filed a Complaint alleging that defendant Social Security

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Administration failed to comply with its obligations under the Freedom of Information

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Act, 5 U.S.C. § 552. [Doc. No. I, at pp. 1-3.] Along with his Complaint, plaintiff

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form and affidavit entitled "Application to Proceed in District Court Without

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Fees or Costs" indicating he is entitled to proceed in the action in forma pauperis. [,oc.
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No. 7.]

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filed a

Prepay~ng
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A court may authorize the commencement of a suit without prepayment of fee~ if

showi~g

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the plaintiff submits an affidavit, including a statement of all his or her assets,

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that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit thust

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"state the facts as to [the] affiant's poverty with some particularity, definiteness and\

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certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal \

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quotations omitted).

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A party need not be completely destitute to proceed informa pauperis. Adkihs v.
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E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit is sufficient
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if it shows that the applicant cannot pay the fee "and still be able to provide himsel~ [or

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herself] and dependents with the necessities oflife." Id. (internal quotations omitt9d).

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Here, plaintiff's affidavit states that he is disabled by a progressive and incur<:iJ.ble
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disease and his only income is $194 in public assistance. (Doc. No. 7, at p. 2, 5.] Tpe
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affidavit also indicates that plaintiff's basic living expenses exceed his income. Plaintiff

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has no property and only a small amount of cash. [Doc. No. 7, at pp. 1-5.) Therefor¢, the

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Court finds that plaintiff has submitted an affidavit which sufficiently shows that he\ lacks

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the financial resources to pay his filing fee. Accordingly,

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,

IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with hi~

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Complaint in forma pauperis is GRANTED. [Doc

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Dated: December _L_, 201 7

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Hon. Karen
United States Magistrate Judge

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