Gomez v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Mitchell D. Dembin (author)
Analysis
Plaintiff Anthony G. filed a renewed motion to proceed in forma pauperis (IFP) in a Social Security appeal. The Court granted the motion, finding the plaintiff unable to pay fees, and determined the complaint was not subject to sua sponte dismissal.
| What the court decided | The model |
|---|---|
Granting Plaintiff's renewed motion to proceed in forma pauperis (IFP).“Accordingly, the Court GRANTS Plaintiff's motion to proceed IFP.” | agree with court The court correctly applied the standard for IFP status, noting that a party need not be completely destitute but must show an inability to pay. The plaintiff's affidavit stated he had no income, lived with his mother, and did not contribute to his expenses, which sufficiently demonstrated an inability to pay the filing fees. The court also correctly noted that the complaint was not frivolous or otherwise subject to dismissal under 28 U.S.C. § 1915(e)(2)(B). |
The order itself: sound — The order is procedurally correct and cites the appropriate statutes and case law for granting IFP status. It correctly identifies the standard (not completely destitute) and applies it to the facts provided in the affidavit (no income, supported by mother). It also correctly notes the sua sponte review requirement under § 1915(e)(2)(B) and concludes the complaint survives. There are no significant gaps or errors in the reasoning for this specific procedural motion.
Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 Anthony G., Case No.: 20cv2207-MDD 11 Plaintiff, ORDER GRANTING RENEWED 12 v. MOTION TO PROCEED IN FORMA PAUPERIS 13 ANDREW SAUL, Commissioner of Social Security, 14 [ECF No. 8] Defendant. 15 16 On November 12, 2020, Plaintiff Anthony G. (“Plaintiff”) filed this social 17 security appeal pursuant to Section 205(g) of the Social Security Act, 42 18 U.S.C. § 405(g), challenging the denial of his application for disability 19 insurance benefits. (ECF No. 1). Plaintiff filed a renewed motion to proceed 20 in forma pauperis (“IFP”). (ECF No. 8). For the reasons set forth herein, the 21 Court GRANTS Plaintiff’s motion to proceed IFP. 22 All parties instituting any civil action, suit, or proceeding in a district 23 court of the United States, except an application for writ of habeas corpus, 24 must pay a filing fee of $400.1 See U.S.C. § 1914(a). An action may proceed 25 26 1 In addition to the $350.00 statutory fee, civil litigants must pay an additional 1 ||despite plaintiffs failure to prepay the entire fee only if he is granted leave to 9 || 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.” 4 || Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not be 5 ||completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & G || Co., 335 U.S. 331, 339-40 (1948). But “the same even-handed care must be 7 ||employed to assure that federal funds are not squandered to underwrite, at g || public expense, either frivolous claims or remonstrances of a suitor who is 9 ||financially able, in whole or in part, to pull his own oar.” Temple v. 10 || Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). 11 In Plaintiff's amended motion, he declares that he has no income and 12 lives with his mother. (ECF No. 8 at 5). He explains that his living costs 13 ||average $1,333.00 per month, but his mother supports him and he does not 14 ||}contribute to any of his expenses. (/d.). Plaintiff's amended affidavit 15 sufficiently shows he is unable to pay the fees or post securities required to 16 maintain this action. Accordingly, the Court GRANTS Plaintiff's motion to 17 proceed IFP. Additionally, the Court has reviewed Plaintiff's complaint and 18 concludes it is not subject to sua sponte dismissal under 28 U.S.C. § 19 || 1915(e)(2)(B). 20 IT IS SO ORDERED. Dated: November 13, 2020 Mitel [> Hon. Mitchell D. Dembin 23 United States Magistrate Judge 24 25 26 27 Fees, District Court Misc. Fee Schedule, § 14 (eff. June 1, 2016)). The additional $50.00 administrative fee does not apply to persons granted leave to proceed IFP. Id.