Jackson v. Torrey Crest Inc. et al

Filing 4

ORDER Granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Gonzalo P. Curiel on 3/23/18. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JERRY JACKSON,

Case No.: 18cv0593-GPC(MDD)
Plaintiff,

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v.

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ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS

TORREY CREST INC dba SUBWAY
#38637, MORENA VISTA LLC, and
DOES 1-10, inclusive,

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[Dkt. No. 2.]

Defendant.

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On March 21, 2018, Plaintiff, proceeding with counsel, filed a complaint asserting

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claims the Americans with Disabilities Act, Unruh Civil Rights Act and negligence.

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(Dkt. No. 1.) Along with the Complaint, Plaintiff filed a motion to proceed in forma

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pauperis. (Dkt. No. 2.)

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All parties instituting any civil action, suit, or proceeding in a district court of the

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United States, except an application for writ of habeas corpus, must pay a filing fee of

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$400.1 See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to

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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
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18cv0593-GPC(MDD)

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prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir.

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1999). A court may authorize the commencement of a suit without prepayment of fees if

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the plaintiff submits an affidavit, including a statement of all of his or her assets, showing

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that he or she is unable to pay the fees. See 28 U.S.C. §1915(a).

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In his Declaration, Plaintiff states he is currently unemployed and received $870

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per month in disability income. (Dkt. No. 2 at 2.) He receives no other income, has no

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bank accounts and no real property or assets. He has monthly living expense of about

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$802. The Court finds that Plaintiff has sufficiently demonstrated he is unable to pay the

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required filing fee. Accordingly, the Court GRANTS Plaintiff’s motion to proceed in

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forma pauperis.

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IT IS HEREBY ORDERED.
Dated: March 23, 2018

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(eff. Dec. 1, 2014)). The additional $50 administrative fee does not apply to persons granted leave to
proceed IFP. Id.
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18cv0593-GPC(MDD)