Webb v. Commissioner of Social Security

Filing 3

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 3:17-cv-02298-GPC-KSC MARGARET NOYES WEBB, Plaintiff, 12 13 v. 14 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 [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                                                 1 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. 1 3:17-cv-02298-GPC-KSC 1 leave to proceed IFP under § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 2 (9th Cir. 2007). The plaintiff must submit an affidavit demonstrating her inability to pay 3 the filing fee and including a complete statement of the plaintiff’s assets. 28 U.S.C. 4 § 1915(a)(1). 5 According to Plaintiff’s affidavit, she has not been employed since 2010. (ECF 6 No. 2 at 2.) Her income consists of $192 per month in food stamps. (Id.) She currently 7 has $6.74 in a checking account and $5.65 in a savings account. (Id.) She owns a 2004 8 Kia vehicle and has a shared interest in a 2009 Volvo vehicle. (Id. at 2–3.) When asked 9 to explain the sources of funds for her day-to-day expenses, Plaintiff indicates that she 10 11 lives with a friend who pays household expenses. (Id. at 3.) Based on the information above, the Court concludes that Plaintiff cannot afford 12 the filing fee for this action. The Court therefore GRANTS Plaintiff’s motion for leave 13 to proceed in forma pauperis. 14 IT IS HEREBY ORDERED that the Clerk of Court shall issue a summons as to 15 Plaintiff's Complaint (ECF No. 1) upon Defendant and shall forward it to Plaintiff along 16 with a blank U.S. Marshal Form 285 for the Defendant. In addition, the Clerk shall 17 provide Plaintiff with a certified copy of this Order and a certified copy of her Complaint 18 and the summons so that she may serve the Defendant. Upon receipt of this “IFP 19 Package,” Plaintiff is directed to complete the Form 285 as completely and accurately as 20 possible, and to return them to the United States Marshal according to the instructions 21 provided by the Clerk in the letter accompanying his IFP package. Upon receipt, the U.S. 22 Marshal shall serve a copy of the Complaint and summons upon the Defendant as 23 directed by Plaintiff on the USM Form 285. All costs of service shall be advanced by the 24 United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). 25 26 IT IS SO ORDERED. Dated: November 15, 2017 27 28 2 3:17-cv-02298-GPC-KSC

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