Rashidi v. Kijakazi

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AZIZEH R., Case No.: 20cv2016-MDD 12 Plaintiff, ORDER GRANTING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS 14 ANDREW SAUL, Commissioner of [ECF NO. 2] Social Security, 15 Defendant. 16 17 18 On October 14, 2020 Plaintiff Azizeh R. (“Plaintiff”) filed this social 19 security appeal pursuant to Section 205(g) of the Social Security Act, 42 20 U.S.C. §405(g), challenging the denial of Plaintiff’s claim for disability 21 benefits. (ECF No. 1). Plaintiff simultaneously filed a motion to proceed in 22 forma pauperis (“IFP”). (ECF No. 2). For the reasons set forth herein, the 23 Court GRANTS Plaintiff’s motion to proceed IFP. 24 All parties instituting any civil action, suit, or proceeding in a district 25 court of the United States, except an application for writ of habeas corpus, 26 1 must pay a filing fee of $400.1 See U.S.C. § 1914(a). An action may proceed 2 despite plaintiff’s failure to prepay the entire fee only if he is granted leave to 3 proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 4 1176, 1177 (9th Cir. 1999). “To proceed [IFP] is a privilege not a right.” 5 Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not be 6 completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & 7 Co., 335 U.S. 331, 339-40 (1948). But “the same even-handed care must be 8 employed to assure that federal funds are not squandered to underwrite, at 9 public expense, either frivolous claims or remonstrances of a suitor who is 10 financially able, in whole or in material part, to pull his own oar.” Temple v. 11 Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). 12 Here, Plaintiff’s affidavit sufficiently demonstrates an inability to pay 13 the fees or post securities required to maintain this action. Plaintiff has had 14 no employment for at least the past two years. (ECF No. 2 at 2).2 Plaintiff’s 15 only sources of income are food stamps ($202.00 per month) and a monthly 16 $250.00 loan from a friend. (Id.). Plaintiff reports having no money in bank 17 accounts or in any other financial institution. (Id.). A car valued at 18 $2,000.00 is Plaintiff’s sole asset. (Id. at 3). Additionally, Plaintiff estimates 19 monthly expenses of $445.00 used to cover housing ($41.00), food ($202.00), 20 clothing ($10.00), laundry and dry-cleaning ($25.00), medical and dental 21 22 23 1 In addition to the $350.00 statutory fee, civil litigants must pay an 24 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. 25 1, 2019)). The additional $50.00 administrative fee does not apply to persons 26 granted leave to proceed IFP. Id. 2 All pincite page references refer to the automatically generated ECF 1 ||}expenses ($20.00), transportation ($50.00), and motor vehicle insurance 2 |1($97.00). Ud. at 4-5). 3 The Court concludes that Plaintiff lacks substantial assets because 4 || Plaintiffs expenses nearly equal Plaintiffs total monthly income. Plaintiffs 5 || affidavit sufficiently demonstrates an inability to pay the required filing fee 6 || without sacrificing the necessities of life. See Adkins, 335 U.S. at 339-40. 7 ||Accordingly, the Court GRANTS Plaintiff's motion to proceed in forma 8 || pauperis. 9 IT IS SO ORDERED. Dated: October 19, 2020 Mitel by. [= Hon. Mitchell D. Dembin 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27