Hall v. Berryhill
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17-cv-2258-LAB (JMA)
ORDER ON MOTION TO PROCEED IN
NANCY A. BERRYHILL,
James Hall filed a motion to proceed in forma pauperis to appeal the Commissioner’s
decision denying him disability benefits. Courts may authorize litigants to proceed without
paying when they make a showing that they can’t afford the filing fee. 28 U.S.C. § 1915.
Hall states that he and his wife receive about $4,000 a month in benefits with around $2,700
in expenses. While Hall hasn’t shown that paying the filing fee would prevent him from
providing his family “with the necessities of life,” the Court recognizes that he has no income
or assets, and little money in the bank. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S.
331, 339 (1948). 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.
IT IS SO ORDERED.
Dated: December 6, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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