Rices v. Berryhill

Filing 4

ORDER Granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 2/12/18. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CARL RICES,

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vs.

CASE NO. 18cv295-GPC(AGS)
Plaintiff,

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS
[Dkt. No. 2.]

Defendant.
On February 7, 2018, Plaintiff Carl Rices (“Plaintiff”), with counsel, filed a

17 Complaint seeking review of the Commissioner’s decision denying his application for
18 disability insurance benefits and supplemental security income. (Dkt. No. 1.) Plaintiff
19 also concurrently filed a motion to proceed in forma pauperis (“IFP”) under 28 U.S.C.
20 § 1915(a). (Dkt. No. 2.)
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All proceedings filed with the District Court require a filing fee unless the Court

22 grants IFP status, waiving the fee. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir.
23 1999). Under 28 U.S.C. § 1915(a), the Court may waive the filing fee if a party
24 demonstrates an inability to pay by submitting an affidavit reporting all assets of the
25 individual. 28 U.S.C. § 1915(a).
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Here, Plaintiff submitted a declaration reporting that he is not presently

27 employed and that he has not worked during the past two years. (Dkt. No. 2 at 1-2.)
28 He declares that he has no income, no bank accounts and relies on his spouse, who is
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[18cv0295-GPC(AGS) ]

1 employed and makes $1,344.00/month, and his daughter who pays for their food and
2 helps with gas costs.
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In consideration of Plaintiff’s application, he has sufficiently demonstrated that

4 he is unable to pay the required filing fee and meets the requirements to proceed IFP.
5 Therefore, the Court GRANTS Plaintiff’s motion to proceed IFP.
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IT IS SO ORDERED.

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8 DATED: February 12, 2018
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HON. GONZALO P. CURIEL
United States District Judge

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[18cv0295-GPC(AGS) ]