Opinion
Case No.: 20cv2016-MDD
10-19-2020
AZIZEH R., Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
[ECF NO. 2]
On October 14, 2020 Plaintiff Azizeh R. ("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 Plaintiff's claim for disability 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. See U.S.C. § 1914(a). An action may proceed despite plaintiff's 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 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 material part, to pull his own oar." Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984).
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. Oct. 1, 2019)). The additional $50.00 administrative fee does not apply to persons granted leave to proceed IFP. Id.
Here, Plaintiff's affidavit sufficiently demonstrates an inability to pay the fees or post securities required to maintain this action. Plaintiff has had no employment for at least the past two years. (ECF No. 2 at 2). Plaintiff's only sources of income are food stamps ($202.00 per month) and a monthly $250.00 loan from a friend. (Id.). Plaintiff reports having no money in bank accounts or in any other financial institution. (Id.). A car valued at $2,000.00 is Plaintiff's sole asset. (Id. at 3). Additionally, Plaintiff estimates monthly expenses of $445.00 used to cover housing ($41.00), food ($202.00), clothing ($10.00), laundry and dry-cleaning ($25.00), medical and dental expenses ($20.00), transportation ($50.00), and motor vehicle insurance ($97.00). (Id. at 4-5).
All pincite page references refer to the automatically generated ECF pagination, not the page number in the original document. --------
The Court concludes that Plaintiff lacks substantial assets because Plaintiff's expenses nearly equal Plaintiff's total monthly income. Plaintiff's affidavit sufficiently demonstrates an inability to pay the required filing fee without sacrificing the necessities of life. See Adkins, 335 U.S. at 339-40. Accordingly, the Court GRANTS Plaintiff's motion to proceed in forma pauperis.
IT IS SO ORDERED. Dated: October 19, 2020
/s/_________
Hon. Mitchell D. Dembin
United States Magistrate Judge