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)
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)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?