Hall v. Berryhill

Filing 5

ORDER on 2 MOTION to Proceed In Forma Pauperis. The Court orders Hall to pay $200 (half the filing fee) to the Clerk by December 15 if he wants to proceed. Once the fee is paid, the Court will issue a separate order directing the Clerk to issue a summons and direct service. If Hall fails to pay, the Court will deny the motion. Signed by Judge Larry Alan Burns on 12/06/2017.(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JAMES HALL,
Plaintiff,

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CASE NO. 17-cv-2258-LAB (JMA)
ORDER ON MOTION TO PROCEED IN
FORMA PAUPERIS

vs.
NANCY A. BERRYHILL,

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Defendant.

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James Hall filed a motion to proceed in forma pauperis to appeal the Commissioner’s

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decision denying him disability benefits. Courts may authorize litigants to proceed without

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paying when they make a showing that they can’t afford the filing fee. 28 U.S.C. § 1915.

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Hall states that he and his wife receive about $4,000 a month in benefits with around $2,700

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in expenses. While Hall hasn’t shown that paying the filing fee would prevent him from

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providing his family “with the necessities of life,” the Court recognizes that he has no income

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or assets, and little money in the bank. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S.

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331, 339 (1948). The Court orders Hall to pay $200 (half the filing fee) to the Clerk by

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December 15 if he wants to proceed. Once the fee is paid, the Court will issue a separate

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order directing the Clerk to issue a summons and direct service. If Hall fails to pay, the Court

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will deny the motion.

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IT IS SO ORDERED.
Dated: December 6, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge

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