Yeargan v. Saul
Filing
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ORDER granting #3 Plaintiff's in forma pauperis status. Signed by Magistrate Judge Andrew G. Schopler on 4/28/2021. (jpp)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
THERESA Y.,
Case No.: 21-cv-0814-AGS
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ORDER GRANTING PLAINTIFF’S
IN FORMA PAUPERIS STATUS
(ECF 3)
Plaintiff,
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v.
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Andrew M. SAUL,
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Defendant.
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Plaintiff moves to proceed in forma pauperis (IFP). Plaintiff qualifies to proceed
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without paying the initial filing fee, and her complaint states a claim for relief. So, the
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Court grants plaintiff’s motion.
Motion to Proceed In Forma Pauperis
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Typically, parties instituting a civil action in a United States district court must pay
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a filing fee of $402. 1 See 28 U.S.C. § 1914(a). But if granted the right to proceed in forma
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pauperis, a plaintiff can proceed without paying the fee. Rodriguez v. Cook, 169 F.3d 1176,
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1177 (9th Cir. 1999).
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Here, plaintiff owns no assets and has no cash on hand. She receives $400-$500 in
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food stamps and $1,200 in unemployment each month, for a total of $1,600-$1,700. (ECF
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3, at 2-3.) Plaintiff’s normal household expenses are $1,440. (Id. at 4-5.) The Court finds
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that plaintiff has sufficiently shown an inability to pay the initial $402 fee. See Blount v.
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Saul, No. 21-CV-0679-BLM, 2021 WL 1561453, at *1 (S.D. Cal. Apr. 21, 2021) (“It is
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well-settled that a party need not be completely destitute to proceed IFP.”).
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In addition to the $350 statutory fee, civil litigants must pay an administrative fee
of $52. See 28 U.S.C. § 1914(a); District Court Misc. Fee Schedule, § 14 (effective Dec. 1,
2020).
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21-cv-0814-AGS
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28 U.S.C. § 1915(e) Screening
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When reviewing an IFP motion, the court must screen the complaint and dismiss it
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if it is frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant
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immune from such relief. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1127
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(9th Cir. 2000). In the Social Security context, a plaintiff’s complaint must set forth
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sufficient facts to support the legal conclusion that the Commissioner’s decision was
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incorrect. “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish
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that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that
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the civil action was commenced within sixty days after notice of a final decision,” (2)
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“indicate the judicial district in which the plaintiff resides,” (3) “state the nature of
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plaintiff’s disability and when the plaintiff claims she became disabled,” and (4) “identify[]
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the nature of the plaintiff’s disagreement with the determination made by the Social
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Security Administration and show that plaintiff is entitled to relief.” Varao v. Berryhill,
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No. 17-cv-02463-LAB-JLB, 2018 WL 4373697, at *2 (S.D. Cal. Jan. 31, 2018) (alteration
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and citation omitted).
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Plaintiff meets all four elements to survive a § 1915(e) screening. First, plaintiff
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“exhausted all administrative remedies by seeking review with the Appeals Council,”
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which denied her request on “March 22, 2021.” (ECF 1, at 3.) Next, plaintiff claims to
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reside in Escondido, California “within the jurisdictional boundaries of this Court.” (Id. at
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1.) The complaint also states the nature of plaintiff’s disability: “bilateral carpal tunnel
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syndrome; ulnar nerve dysfunction; and obesity” which rendered her disabled since “May
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30, 2016.” (Id. at2.) Finally, plaintiff identifies the nature of her disagreement with the
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Social Security Administration’s determination, arguing that the ALJ “did not state clear
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and convincing reasons for rejecting [her] symptom and limitation testimony” and “did not
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properly weigh the medical evidence that [she] had more limitations.” (Id. at 3.) Based on
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these allegations, plaintiff’s complaint is sufficient to survive the “low threshold” for
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proceeding past the § 1915(e) screening. Wilhelm v. Rotman, 680 F.3d 1113, 1123 (9th Cir.
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2012).
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Conclusion
For the reasons set forth above, the Court grants plaintiff’s IFP motion.
Dated: April 28, 2021
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