Webb v. Commissioner of Social Security
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 3:17-cv-02298-GPC-KSC
MARGARET NOYES WEBB,
ORDER GRANTING PLAINTIFF'S
MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS
COMMISSIONER OF SOCIAL
[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
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
leave to proceed IFP under § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051
(9th Cir. 2007). The plaintiff must submit an affidavit demonstrating her inability to pay
the filing fee and including a complete statement of the plaintiff’s assets. 28 U.S.C.
According to Plaintiff’s affidavit, she has not been employed since 2010. (ECF
No. 2 at 2.) Her income consists of $192 per month in food stamps. (Id.) She currently
has $6.74 in a checking account and $5.65 in a savings account. (Id.) She owns a 2004
Kia vehicle and has a shared interest in a 2009 Volvo vehicle. (Id. at 2–3.) When asked
to explain the sources of funds for her day-to-day expenses, Plaintiff indicates that she
lives with a friend who pays household expenses. (Id. at 3.)
Based on the information above, the Court concludes that Plaintiff cannot afford
the filing fee for this action. The Court therefore GRANTS Plaintiff’s motion for leave
to proceed in forma pauperis.
IT IS HEREBY ORDERED that the Clerk of Court shall issue a summons as to
Plaintiff's Complaint (ECF No. 1) upon Defendant and shall forward it to Plaintiff along
with a blank U.S. Marshal Form 285 for the Defendant. In addition, the Clerk shall
provide Plaintiff with a certified copy of this Order and a certified copy of her Complaint
and the summons so that she may serve the Defendant. Upon receipt of this “IFP
Package,” Plaintiff is directed to complete the Form 285 as completely and accurately as
possible, and to return them to the United States Marshal according to the instructions
provided by the Clerk in the letter accompanying his IFP package. Upon receipt, the U.S.
Marshal shall serve a copy of the Complaint and summons upon the Defendant as
directed by Plaintiff on the USM Form 285. All costs of service shall be advanced by the
United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).
IT IS SO ORDERED.
Dated: November 15, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?