Haro v. O'Malley

Filing 6

ORDER Granting 3 Plaintiff's Motion to Proceed in Forma Pauperis. Signed by Magistrate Judge Steve B. Chu on 2/6/2024. (exs)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALBERT H., 12 Case No.: 24cv0126-SBC Plaintiff, 13 v. 14 MARTIN O’MALLEY, Commissioner of the Social Security Administration, 15 16 ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS [ECF No. 3] Defendant. 17 18 On January 19, 2024, Albert H. (“Plaintiff”) filed this Social Security appeal 19 pursuant to Section 405(g) of the Social Security Act, 42 U.S.C. § 405(g), challenging the 20 denial of his application for Supplemental Security Income (ECF No. 1.) Plaintiff 21 simultaneously filed a motion to proceed in forma pauperis (“IFP”). (ECF No. 3.) For the 22 reasons set forth below, Plaintiff’s motion to proceed IFP is GRANTED. 23 All parties instituting any civil action, suit, or proceeding in a district court of the 24 United States, except an application for writ of habeas corpus, must pay a filing fee of 25 $400. See 28 U.S.C. § 1914(a). An action may proceed despite plaintiff’s failure to 26 prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 27 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “To 28 proceed [IFP] is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1 24cv0126-SBC 1 1965). A party need not be completely destitute to proceed IFP. Adkins v. E.I. DuPont de 2 Nemours & Co., 335 U.S. 331, 339-40 (1948). 3 Here, Plaintiff submits an affidavit stating that he receives $868.00 a month from 4 social security, and $291.00 in public-assistance, for a total of $1159.00 in monthly 5 income. (ECF No. 3 at 1-2.) Plaintiff claims a 2000 Jeep, but no other assets. (Id. at 3.) 6 For monthly average expenses, Plaintiff claims rent/home-mortgage payment of $300, 7 food in the amount of $400, utilities in the amount of $100, and toiletries in the amount 8 of $100, for a total of $900 in expenses each month. (Id. at 4-5.) 9 Plaintiff’s affidavit sufficiently demonstrates an inability to pay the required filing 10 fee without sacrificing the necessities of life. See Adkins, 335 U.S. at 339-40. 11 Additionally, the Court has reviewed Plaintiff’s complaint and concludes it is not subject 12 to sua sponte dismissal under 28 U.S.C. § 1915(e)(2)(B). Accordingly, Plaintiff’s motion 13 to proceed IFP is GRANTED. 14 15 IT IS SO ORDERED. Dated: February 6, 2024 16 17 18 19 20 21 22 23 24 25 26 27 28 2 24cv0126-SBC

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