Valentin v. Saul

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

PAUL V., Case No.: 21cv643-MDD Plaintiff,

ORDER GRANTING PLAINTIFF'S v. MOTION TO PROCEED IN FORMA PAUPERIS

ANDREW SAUL, Commissioner of

Social Security, [ECF No. 2]

Defendant.

On April 13, 2021, Paul V. (“Plaintiff”) filed this social security appeal pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), challenging the denial of his application for Social Security Disability Insurance and Supplemental Security Income benefits. (ECF No. 1).

Plaintiff simultaneously filed a motion to proceed in forma pauperis (“IFP”). (ECF No. 2). For the reasons set forth herein, the Court GRANTS Plaintiff’s motion to proceed IFP.

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 administrative fee of $50.00. See 28 U.S.C. § 1914(b) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. June 1, 2016)). The additional $50.00 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.” 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 & 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 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).

Plaintiff declares that his only monthly income is public-assistance food stamps amounting to $160.00 and he currently has $50.00 in cash. (ECF No. at 2). Plaintiff's sole asset is a vehicle valued at $3,500.00. Ud. at 3). Plaintiff spends $160.00 a month on food, but has no other monthly expenses. at 4-5). He explains that he is currently homeless. (Ud. at 5). Plaintiffs affidavit sufficiently shows he is unable to pay the fees or post securities vequired to maintain this action. Accordingly, the Court GRANTS Plaintiffs motion to proceed IFP. Additionally, the Court has reviewed Plaintiff's }complaint and concludes it is not subject to sua sponte dismissal under 28 90 U.S.C. § 1915(e)(2)(B).

IT IS SO ORDERED. » Dated: November 13, 2020 My, +l s | [ Hon. Mitchell D. Dembin United States Magistrate Judge