Randall v. Kijakazi

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

DONNELL R., Case No.: 21cv1189-MDD Plaintiff,

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

ANDREW SAUL, Commissioner of

Social Security, [ECF No. 2]

Defendant.

On June 29, 2021, Donnell R. (“Plaintiff”) filed this social security appeal pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 18 405(g), challenging the denial of Plaintiff’s application for 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

1 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 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., 8335 U.S. 331, 339-40 (1948).

Plaintiff declares that he receives “[r]oughly” $900.00 per month from unemployment payments and public assistance. (ECF No. 2 at 2).

Specifically, Plaintiff receives $234.00 per month in food stamps and $167.00 per week from unemployment. (/d.). Plaintiff further declares that he has to $20 in cash and owns a 2002 Volkswagen convertible valued between $1,500.00 to $8,500.00. Ud. at 2-3). Plaintiff explains that his monthly expenses are around $700.00 to $900.00 per month. (Ud. at 5). Plaintiffs affidavit sufficiently shows he is unable to pay the fees or post securities required to maintain this action. Accordingly, the Court GRANTS Plaintiffs motion to proceed IFP. Additionally, the Court has reviewed Plaintiffs complaint and concludes it is not subject to sua sponte dismissal under 28 18 U.S.C. § 1915(e)(2)(B).

IT IS SO ORDERED.

Dated: June 30, 2021 Mitel bs. [ Hon. Mitchell D. Dembin United States Magistrate Judge administrative fee does not apply to persons granted leave to proceed IFP. Id.