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)

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FILED 1 2 DEC 0 7 2017 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TRAVIS MORGAN, 12 Case No.: l 7cv2227-LAB(KSC) Plaintiff, 13 v. 14 NANCY BERRYHILL, Acting Commissioner, Social Security Administration, 15 16 . PLAINTIF~'S ORDER GRANTING APPLICATION TO PROCEED 11' DISTRICT COURT WITHOUT • PREPAYING FEES OR COSTS I [Doc. No. 7) Defendant. 17 18 19 20 Plaintiff recently filed a Complaint alleging that defendant Social Security 21 Administration failed to comply with its obligations under the Freedom of Information 22 Act, 5 U.S.C. § 552. [Doc. No. I, at pp. 1-3.] Along with his Complaint, plaintiff 23 form and affidavit entitled "Application to Proceed in District Court Without 24 Fees or Costs" indicating he is entitled to proceed in the action in forma pauperis. [,oc. ! 25 No. 7.] 26 filed a Prepay~ng I\ 1 A court may authorize the commencement of a suit without prepayment of fee~ if showi~g 27 the plaintiff submits an affidavit, including a statement of all his or her assets, 28 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit thust 1 "state the facts as to [the] affiant's poverty with some particularity, definiteness and\ 2 certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal \ 3 quotations omitted). I A party need not be completely destitute to proceed informa pauperis. Adkihs v. I 4 I 5 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit is sufficient I 6 if it shows that the applicant cannot pay the fee "and still be able to provide himsel~ [or 7 herself] and dependents with the necessities oflife." Id. (internal quotations omitt9d). ,, I 8 Here, plaintiff's affidavit states that he is disabled by a progressive and incur<:iJ.ble \ 9 disease and his only income is $194 in public assistance. (Doc. No. 7, at p. 2, 5.] Tpe I 10 affidavit also indicates that plaintiff's basic living expenses exceed his income. Plaintiff 11 has no property and only a small amount of cash. [Doc. No. 7, at pp. 1-5.) Therefor¢, the 12 Court finds that plaintiff has submitted an affidavit which sufficiently shows that he\ lacks 13 the financial resources to pay his filing fee. Accordingly, I 14 , IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with hi~ 15 Complaint in forma pauperis is GRANTED. [Doc 16 Dated: December _L_, 201 7 17 18 Hon. Karen United States Magistrate Judge 19 20 21 22 23 I\ lj 24 i !i 25 I\ 26 ,, 27 II 28 2 1?cvnn .1 .A ~f K c;;r)

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