Gomez v. Kijakazi

7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA Anthony G., Case No.: 20cv2207-MDD 11 Plaintiff, ORDER GRANTING RENEWED v. MOTION TO PROCEED IN FORMA PAUPERIS ANDREW SAUL, Commissioner of Social Security, [ECF No. 8] Defendant.

16 On November 12, 2020, Plaintiff Anthony G. (“Plaintiff”) filed this social security appeal pursuant to Section 205(g) of the Social Security Act, 42 18 U.S.C. § 405(g), challenging the denial of his application for disability insurance benefits. (ECF No. 1). Plaintiff filed a renewed motion to proceed in forma pauperis (“IFP”). (ECF No. 8). For the reasons set forth herein, the Court GRANTS Plaintiff’s motion to proceed IFP.

22 All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $400.1 See U.S.C. § 1914(a). An action may proceed In addition to the $350.00 statutory fee, civil litigants must pay an additional ||despite plaintiffs failure to prepay the entire fee only if he is granted leave to || proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 3 1176, 1177 (9th Cir. 1999). “To proceed [IFP] is a privilege not a right.”

4 || Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not be ||completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & G || Co., 335 U.S. 331, 339-40 (1948). But “the same even-handed care must be ||employed to assure that federal funds are not squandered to underwrite, at g || public expense, either frivolous claims or remonstrances of a suitor who is ||financially able, in whole or in part, to pull his own oar.” Temple v. || Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984).

11 In Plaintiff's amended motion, he declares that he has no income and 12 lives with his mother. (ECF No. 8 at 5). He explains that his living costs ||average $1,333.00 per month, but his mother supports him and he does not ||}contribute to any of his expenses. (/d.). Plaintiff's amended affidavit 15 sufficiently shows he is unable to pay the fees or post securities required to 16 maintain this action. Accordingly, the Court GRANTS Plaintiff's motion to 17 proceed IFP. Additionally, the Court has reviewed Plaintiff's complaint and 18 concludes it is not subject to sua sponte dismissal under 28 U.S.C. § 19 || 1915(e)(2)(B).

20 IT IS SO ORDERED.

Dated: November 13, 2020 Mitel [> Hon. Mitchell D. Dembin 23 United States Magistrate Judge Fees, District Court Misc. Fee Schedule, § 14 (eff. June 1, 2016)). The additional $50.00 administrative fee does not apply to persons granted leave to proceed IFP. Id.