Opinion
Case No.: 3:18-cv-00416-GPC-AGS
06-07-2018
ROY MASON, Plaintiff, v. SASNA DAUNG d/b/a CHEESY EXPRESS, HELGI HEINZMANN TRUST and DOES 1-10, INCLUSIVE, Defendants.
ORDER:
GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS [Dkt. No. 2]
On February 22, 2018, Plaintiff Roy Mason ("Plaintiff") filed a complaint against Sasna Daung d/b/a Cheesy Express, and Helgi Heinzmann Trust. (Dkt. No. 1 at 1.) Plaintiff concurrently filed a motion to proceed in forma pauperis ("IFP"). (Dkt. No. 2.) Based on the reasoning below, the court GRANTS Plaintiff's motion to proceed IFP.
I. DISCUSSION
All parties instituting any non-habeas "civil action, suit, or proceeding" in a federal district court must pay a filing fee of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP under § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). The plaintiff must submit an affidavit demonstrating his inability to pay the filing fee and include a complete statement of the plaintiff's assets. 28 U.S.C. § 1915(a)(1).
In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $50. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2016)). The additional $50 administrative fee does not apply to persons granted leave to proceed IFP. Id. --------
Here, Plaintiff asserts that he is presently unemployed, receives $867 per month in disability benefits, and has no money in his bank account. (See Dkt. No. 2.) His monthly expenses amount to $980. (Id.) Based on this information, the Court concludes Plaintiff cannot afford the filing fee for this action. Therefore, the Court GRANTS Plaintiff's motion to proceed IFP.
II. CONCLUSION
Based on the reasoning above, the Court GRANTS Plaintiff's motion to proceed IFP because he is unable to pay the filing fee.
IT IS SO ORDERED. Dated: June 7, 2018
/s/_________
Hon. Gonzalo P. Curiel
United States District Judge