Orr v. Berryhill

Filing 4

ORDER Granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. Signed by Judge Gonzalo P. Curiel on 5/10/18. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL DAVID ORR,

Case No.: 3:18-cv-00906-GPC-MDD
Plaintiff,

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v.

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

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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[ECF No. 2]

Defendant.

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Plaintiff filed this suit on May 10, 2018, challenging an adverse decision by the

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Commissioner of Social Security. (ECF No. 1.) On the same day, Plaintiff filed a
motion for leave to proceed in forma pauperis (“IFP”). (ECF No. 2.)
All parties instituting any non-habeas “civil action, suit, or proceeding” in a federal

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district court must pay a filing fee of $400. See 28 U.S.C. § 1914(a).1 An action may
proceed despite a plaintiff’s failure to prepay the entire fee only if the plaintiff is granted

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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 (eff.
Dec. 1, 2016)). The additional $50 administrative fee does not apply to persons granted leave to proceed
IFP. Id.
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3:18-cv-00906-GPC-MDD

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leave to proceed IFP under § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051

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(9th Cir. 2007). The plaintiff must submit an affidavit demonstrating her inability to pay

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the filing fee and including a complete statement of the plaintiff’s assets. 28 U.S.C.

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§ 1915(a)(1).

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According to Plaintiff’s affidavit, he has had no employment for the past two

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years. (ECF No. 2 at 2.) His income consists of $512 per month as a result of “cash aid”

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and food stamps. (Id.) He has no assets and no liabilites. (Id. at 2–3.) His expenses

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consist of $192 per month as a result of clothing expenses. (Id. at 4.) Based on the

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information above, the Court concludes that Plaintiff cannot afford the filing fee for this

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action. The Court therefore GRANTS Plaintiff’s motion for leave to proceed in forma

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pauperis.

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IT IS HEREBY ORDERED that the Clerk of Court shall issue a summons as to

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Plaintiff's Complaint (ECF No. 1) upon Defendant and shall forward it to Plaintiff along

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with a blank U.S. Marshal Form 285 for the Defendant. In addition, the Clerk shall

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provide Plaintiff with a certified copy of this Order and a certified copy of her Complaint

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and the summons so that she may serve the Defendant. Upon receipt of this “IFP

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Package,” Plaintiff is directed to complete the Form 285 as completely and accurately as

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possible, and to return them to the United States Marshal according to the instructions

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provided by the Clerk in the letter accompanying his IFP package. Upon receipt, the U.S.

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Marshal shall serve a copy of the Complaint and summons upon the Defendant as

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directed by Plaintiff on the USM Form 285. All costs of service shall be advanced by the

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United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).

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IT IS SO ORDERED.
Dated: May 10, 2018

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3:18-cv-00906-GPC-MDD