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)

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