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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROY MASON,

Case No.: 18cv695-GPB(BLM)
Plaintiff,

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v.

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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,

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[Dkt. No. 2.]

Defendants.

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Plaintiff Roy Mason, proceeding with counsel, filed a complaint alleging violations

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of the Americans with Disabilities Act (“ADA”) and also filed a motion to proceed in

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forma pauperis. (Dkt. Nos. 1, 2.) Based on the reasoning below, the Court GRANTS

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Plaintiff’s motion to proceed IFP.

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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 must pay a filing fee. See 28 U.S.C. § 1914(a). Under 28 U.S.C. §

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1915(a), the Court may waive the filing fee if a party demonstrates an inability to pay by

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submitting an affidavit reporting all assets of the individual. 28 U.S.C. § 1915(a). The

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plaintiff must submit an affidavit demonstrating his inability to pay the filing fee, and the

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18cv695-GPB(BLM)

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affidavit must include a complete statement of the plaintiff’s assets. 28 U.S.C. §

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1915(a)(1).

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Here, Plaintiff submitted a declaration reporting that he is currently unemployed,

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and he receives $867 a month from disability payments. (Dkt. No. 2 at 2.) Plaintiff

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declares he owns no assets. (Id. at 3.) His living expenses total $980 per month. In

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consideration of Plaintiff’s application, the Court finds that Plaintiff has sufficiently

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demonstrated that he is unable to pay the required filing fee and meets the § 1915(a)

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requirements to proceed IFP. Therefore, the Court GRANTS Plaintiff’s motion for leave

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to proceed IFP.

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IT IS SO ORDERED.
Dated: April 11, 2018

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18cv695-GPB(BLM)