1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SOUKSAVANH PHENGTHAVY, Case No.: 20-CV-1326-WVG

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. MOTION TO PROCEED IN FORMA PAUPERIS 14 ANDREW SAUL, Commissioner of

Social Security, 15 [Doc. No. 2.] Defendant. 16 17

18 19 Plaintiff files for leave to proceed in forma pauperis on the Complaint. (Doc. No. 2.) 20 The Court reviews Plaintiff’s complaint under

(e), as required when a 21 plaintiff files a motion to proceed in forma pauperis. The Court finds that the Complaint 22 sufficiently states a claim for relief. Thus, the Court GRANTS the IFP motion. 23 I. MOTION FOR IFP 24 Plaintiff moves to proceed IFP under

. All parties instituting any 25 civil action, suit, or proceeding in a district court of the United States, except an application 26 for writ of habeas corpus, must pay a filing fee of $400. See

(a). An action 27 may proceed despite a plaintiff’s failure to prepay the entire fee only if the plaintiff is 28 granted leave to proceed IFP under

(a). See Rodriguez v. Cook,

1176, 1177 (9th Cir. 1999). All actions sought to be filed IFP under § 1915 must be 2 accompanied by an affidavit, signed by the applicant under penalty of perjury, that includes 3 a statement of all assets which shows inability to pay initial fees or give security. CivLR 4 3.2.a. 5 Plaintiff declares income in the form of $449 per month in “general relief” and $194 6 per month in EBT payments. Plaintiff claims $393.25 per month in expenses. Plaintiff also 7 claims to not having been employed within the past twelve months or having any other 8 assets. The Court finds Plaintiff has sufficiently shown an inability to pay the filing fee. 9 II. SCREENING UNDER

(e) 10 Under

(e)(2), when reviewing an IFP motion, the Court must rule 11 on its own motion to dismiss before the complaint is served. Lopez v. Smith,

, 12 1127 (9th Cir. 2000). (“[S]ection 1915(e) not only permits but requires a district court to 13 dismiss an in forma pauperis complaint that fails to state a claim.”) The Court must dismiss 14 the complaint if it is frivolous, malicious, failing to state a claim upon which relief may be 15 granted, or seeking monetary relief from a defendant immune from such relief. 28 U.S.C. 16 § 1915(e)(2)(B); Calhoun v. Stahl,

(9th Cir. 2001) (per curiam) (noting 17

(e)(2)(B) is “not limited to prisoners”); Lopez,

18 (“[§] 1915(e) not only permits but requires a district court to dismiss an [IFP] complaint 19 that fails to state a claim.”). 20 Social security appeals are not exempt from the § 1915(e) screening requirement. 21 Hoagland v. Astrue, No. 12CV973-SMS,

, at *1 (E.D. Cal. June 28, 22 2012); see also Lopez,

(“section 1915(e) applies to all in forma pauperis 23 complaints.”). “Every plaintiff appealing an adverse decision of the Commissioner believes 24 that the Commissioner was wrong.” Hoagland,

, at *3. “A complaint 25 merely stating that the Commissioner’s decision was wrong is plainly insufficient to satisfy 26 a plaintiff’s pleading requirement.” Schwei v. Colvin, No. 15CV1086-JCM-NJK,

3630961, at *2 (D. Nev. June 9, 2015). Instead, “[a] complaint appealing the 28 Commissioner’s denial of disability benefits must set forth a brief statement of facts setting 1 the reasons why the Commissioner’s decision was wrong.” Hoagland,

|| 2521753, at *2 (collecting cases) (emphasis added). 3 Based on the Court’s review of the Complaint, the Court finds Plaintiff has more 4 sufficiently satisfied the minimal pleading standards above.' 5 HI. CONCLUSION 6 The motion to proceed IFP is GRANTED. 7 IT ISSO ORDERED. 8 || DATED: July 16, 2020 ? UA Ss 10 Hon. William V. Gallo Wl United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 |f—___ 26 Counsel for Plaintiff is commended for the effort put into crafting the Complaint, as Social 97 ||Security appeal complaints are ordinarily boilerplate and without any meaningful detail whatsoever. The Complaint in this case is the most thorough and well-thought-out 28 complaint this Court has ever seen in such a case. The Court appreciates counsel’s efforts.