1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHARON MOSLEY, Case No.: 24cv0530-SBC 12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. MOTION TO PROCEED IN FORMA PAUPERIS 14 MARTIN O’MALLEY, Commissioner of 15 the Social Security Administration, [ECF No. 3] Defendant. 16 17 18 On March 20, 2024, Sharon M. (“Plaintiff”) filed this Social Security appeal 19 pursuant to Section 405(g) of the Social Security Act,

(g), challenging the 20 denial of her application for disability insurance benefits and supplemental security 21 income (ECF No. 1.) Plaintiff simultaneously filed a motion to proceed in forma pauperis 22 (“IFP”). (ECF No. 3.) For the reasons set forth below, Plaintiff’s motion to proceed IFP is 23 GRANTED. 24 All parties instituting any civil action, suit, or proceeding in a district court of the 25 United States, except an application for writ of habeas corpus, must pay a filing fee of 26 $400. See

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

(a). See Rodriguez v. Cook,

(9th Cir. 1999). “To | || proceed [IFP] is a privilege not a right.” Smart v. Heinze,

(9th Cir. 2 || 1965). A party need not be completely destitute to proceed IFP. Adkins v. E.I. DuPont de 3 || Nemours & Co.,

(1948). 4 Here, Plaintiff submits an affidavit stating that she receives $535.00 a month in 5 || food stamps, and a $2,200.00 loan from her sister each month, for a total of $2,735.00 in 6 ||monthly income. (ECF No. 3 at 2.) Plaintiff claims a checking/savings account with a 7 || total of $2.68, and no other assets. (/d. at 3.) For monthly average expenses, Plaintiff 8 claims a rent/home-mortgage payment of $500, food in the amount of $1,000, utilities in 9 amount of $700, and laundry in the amount of $100, for a total of $2,300 in expenses 10 month. (/d. at 4-5.) 11 Plaintiff's affidavit sufficiently demonstrates an inability to pay the required filing 12 || fee without sacrificing the necessities of life. See Adkins,

. 13 || Additionally, the Court has reviewed Plaintiff's complaint and concludes it is not subject 14 || to sua sponte dismissal under

(e)(2)(B). Accordingly, Plaintiffs motion 15 proceed IFP is GRANTED. 16 IT IS SO ORDERED. 17 || Dated: March 21, 2024 18 9 Ny F Ga. 20 Hon. SteveB.Chu 1 United States Magistrate Judge 22 23 24 25 26 27 28