Chan v. Berryhill

Filing 3

ORDER: Chan's Motion to Proceed in Forma Pauperis (ECF No. 2 ) is Granted. All matters arising in this Social Security case are Referred to the Honorable Peter C. Lewis, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(a) and Local Civil Rule 72.1. Signed by Judge William Q. Hayes on 05/09/2018. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VANNARA CHAN,

Case No.: 18-cv-0817-WQH-PCL
Plaintiff,

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v.

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ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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HAYES, Judge:
On April 27, 2018, Plaintiff Vannara Chan initiated this action by filing a Complaint
(ECF No. 1) and a Motion to Proceed in Forma Pauperis (ECF No. 2).
All parties instituting a civil action, suit, or proceeding in a district court of the
United States, other than a petition for writ of habeas corpus, must pay a filing fee of
$400.00. See 28 U.S.C. § 1914(a); CivLR 4.5. An action may proceed despite a party’s
failure to pay only if the party is granted leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
The affidavit filed by Chan states “I am unable to pay the costs of these
proceedings.” (ECF No. 2 at 1). Chan’s affidavit lists one source of income: $269 a month
from “General Relief from San Diego County,” which it describes as “a loan provided to
indigent people.” Id. According to the affidavit, Chan has no checking or savings accounts
and owes between $1,000 and $2,000 on a credit card. Id. at 2, 3.
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18-cv-0817-WQH-PCL

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Chan’s Motion to Proceed in Forma Pauperis (ECF No. 2) is GRANTED. All

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matters arising in this Social Security case are REFERRED to the Honorable Peter C.

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Lewis, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(a) and Local Civil

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Rule 72.1.

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Dated: May 9, 2018

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18-cv-0817-WQH-PCL