Hlava v. Berryhill

Filing 4

ORDER: Plaintiff's motion to proceed in forma pauperis is Granted. (ECF No. 2 ). It is further Ordered that all matters arising in this social security case are referred to the Honorable Jan M. Adler, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c). Signed by Judge William Q. Hayes on 02/07/2018. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HAL JAMES HLAVA,

Case No.: 18cv228-WQH-JMA
Plaintiff,

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v.

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ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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HAYES, Judge:
On January 31, 2018, Plaintiff Hal James Hlava initiated this action by filing a
Complaint for Review of Final Decision of the Commissioner of Social Security pursuant
to 42 U.S.C. § 405(g) and a Motion to Proceed In Forma Pauperis. (ECF Nos. 1, 2).
All parties instituting a civil action, suit, or proceeding in a district court of the
United States, other than a petition for writ of habeas corpus, must pay a filing fee of
$400.00. See 28 U.S.C. § 1914(a); S.D. Cal. CivLR 4.5. An action may proceed despite a
party’s failure to pay only if the party is granted leave to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “To
proceed in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116
(9th Cir. 1965).

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18cv228-WQH-JMA

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The Affidavit filed by Plaintiff states that he is unable to pay the costs of these

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proceedings. (ECF No. 2 at 1). Plaintiff is unemployed and does not have any money in

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a bank account or any other financial institution. After review of Plaintiff’s motion and

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affidavit, the Court concludes that Plaintiff cannot afford to pay the costs of these

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proceedings and is entitled to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).

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IT IS HEREBY ORDERED that Plaintiff’s motion to proceed in forma pauperis is

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GRANTED. (ECF No. 2).

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IT IS FURTHER ORDERED that all matters arising in this social security case are

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referred to the Honorable Jan M. Adler, United States Magistrate Judge, pursuant to 28

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U.S.C. § 636(b)(1) and Local Rule 72.1(c).
Dated: February 7, 2018

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18cv228-WQH-JMA