Mason v. Hara No Shita De Holdings, 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 4/11/18. (dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROY MASON, Case No.: 18cv695-GPB(BLM) Plaintiff, 12 13 v. 14 ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS HARA NO SHITA DE HOLDINGS, INC. d/b/a UNDERBELLY; J M A N at the Q LP, DOES 1-10, INCLUSIVE, 15 16 [Dkt. No. 2.] Defendants. 17 18 Plaintiff Roy Mason, proceeding with counsel, filed a complaint alleging violations 19 of the Americans with Disabilities Act (“ADA”) and also filed a motion to proceed in 20 forma pauperis. (Dkt. Nos. 1, 2.) Based on the reasoning below, the Court GRANTS 21 Plaintiff’s motion to proceed IFP. 22 All parties instituting any civil action, suit, or proceeding in a district court of the 23 United States must pay a filing fee. See 28 U.S.C. § 1914(a). Under 28 U.S.C. § 24 1915(a), the Court may waive the filing fee if a party demonstrates an inability to pay by 25 submitting an affidavit reporting all assets of the individual. 28 U.S.C. § 1915(a). The 26 plaintiff must submit an affidavit demonstrating his inability to pay the filing fee, and the 27 28 1 18cv695-GPB(BLM) 1 affidavit must include a complete statement of the plaintiff’s assets. 28 U.S.C. § 2 1915(a)(1). 3 Here, Plaintiff submitted a declaration reporting that he is currently unemployed, 4 and he receives $867 a month from disability payments. (Dkt. No. 2 at 2.) Plaintiff 5 declares he owns no assets. (Id. at 3.) His living expenses total $980 per month. In 6 consideration of Plaintiff’s application, the Court finds that Plaintiff has sufficiently 7 demonstrated that he is unable to pay the required filing fee and meets the § 1915(a) 8 requirements to proceed IFP. Therefore, the Court GRANTS Plaintiff’s motion for leave 9 to proceed IFP. 10 11 IT IS SO ORDERED. Dated: April 11, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 18cv695-GPB(BLM)

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