Webb v. Commissioner of Social Security
Filing
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ORDER Granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. The Clerk of Court shall issue a summons as to Plaintiff's Complaint. Signed by Judge Gonzalo P. Curiel on 11/15/17. (USM Form 285 and certified copy of Complaint, Summons and Order provided to Plaintiff's attorney via US Mail) (dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 3:17-cv-02298-GPC-KSC
MARGARET NOYES WEBB,
Plaintiff,
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v.
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ORDER GRANTING PLAINTIFF'S
MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS
COMMISSIONER OF SOCIAL
SECURITY,
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Defendant.
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[ECF No. 2]
Plaintiff filed this suit on November 13, 2017, challenging “an adverse decision”
by the Commissioner of Social Security. (ECF No. 1 at 1.) On the same day, Plaintiff
filed a motion for leave to proceed in forma pauperis (“IFP”). (ECF No. 2.)
All parties instituting any non-habeas “civil action, suit, or proceeding” in a federal
district court must pay a filing fee of $400. See 28 U.S.C. § 1914(a).1 An action may
proceed despite a plaintiff’s failure to prepay the entire fee only if the plaintiff is granted
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In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $50. See
28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff.
Dec. 1, 2016)). The additional $50 administrative fee does not apply to persons granted leave to proceed
IFP. Id.
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3:17-cv-02298-GPC-KSC
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leave to proceed IFP under § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051
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(9th Cir. 2007). The plaintiff must submit an affidavit demonstrating her inability to pay
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the filing fee and including a complete statement of the plaintiff’s assets. 28 U.S.C.
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§ 1915(a)(1).
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According to Plaintiff’s affidavit, she has not been employed since 2010. (ECF
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No. 2 at 2.) Her income consists of $192 per month in food stamps. (Id.) She currently
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has $6.74 in a checking account and $5.65 in a savings account. (Id.) She owns a 2004
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Kia vehicle and has a shared interest in a 2009 Volvo vehicle. (Id. at 2–3.) When asked
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to explain the sources of funds for her day-to-day expenses, Plaintiff indicates that she
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lives with a friend who pays household expenses. (Id. at 3.)
Based on the information above, the Court concludes that Plaintiff cannot afford
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the filing fee for this action. The Court therefore GRANTS Plaintiff’s motion for leave
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to proceed in forma pauperis.
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IT IS HEREBY ORDERED that the Clerk of Court shall issue a summons as to
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Plaintiff's Complaint (ECF No. 1) upon Defendant and shall forward it to Plaintiff along
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with a blank U.S. Marshal Form 285 for the Defendant. In addition, the Clerk shall
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provide Plaintiff with a certified copy of this Order and a certified copy of her Complaint
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and the summons so that she may serve the Defendant. Upon receipt of this “IFP
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Package,” Plaintiff is directed to complete the Form 285 as completely and accurately as
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possible, and to return them to the United States Marshal according to the instructions
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provided by the Clerk in the letter accompanying his IFP package. Upon receipt, the U.S.
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Marshal shall serve a copy of the Complaint and summons upon the Defendant as
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directed by Plaintiff on the USM Form 285. All costs of service shall be advanced by the
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United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).
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IT IS SO ORDERED.
Dated: November 15, 2017
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3:17-cv-02298-GPC-KSC
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