Reyes v. Saul ( 2020 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARIA ELENA REYES, Case No. 20-cv-1236-MMA (JLB) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 14 ANDREW SAUL, Commissioner of Social Security, 15 [Doc. No. 3] Defendant. 16 17 18 19 On July 1, 2020, Maria Elena Reyes (“Plaintiff”) filed this social security appeal 20 challenging the denial of her “applications for disability insurance benefits and 21 supplemental security income” pursuant to 42 U.S.C. §§ 405(g), 1383(c). Doc. No. 1 22 ¶¶ 3, 6. Plaintiff moves for leave to prosecute this action in forma pauperis. See Doc. 23 No. 3. All parties instituting a civil action, suit, or proceeding in a district court of the 24 United States, other than a petition for writ of habeas corpus, must pay the requisite filing 25 fee. 28 U.S.C. § 1914(a). An action may proceed despite a party’s failure to pay the 26 filing fee, but only if the party is granted leave to proceed in forma pauperis pursuant to 27 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 28 1 The Court has reviewed Plaintiff’s affidavit of assets and concludes it sufficiently 2 shows she is unable to pay the fees or post securities required to maintain this action. 3 Plaintiff attests that she is unemployed and her only income is a monthly $69.12 child 4 support payment and her “son’s income every two weeks.” Doc. No. 3 at 2. Plaintiff’s 5 affidavit and statement of assets sufficiently shows that she lacks the requisite financial 6 resources to pay the filing fee. Thus, the Court GRANTS Plaintiff’s motion to proceed 7 in forma pauperis. The Court has also reviewed Plaintiff’s Complaint, and concludes it is 8 not subject to sua sponte dismissal under 28 U.S.C. § 1915(e)(2)(B). 9 Accordingly, the Court hereby ORDERS as follows: 10 1. The Clerk shall issue a summons as to Plaintiff’s Complaint (Doc. No. 1) 11 upon Defendant and shall forward it to Plaintiff along with a blank U.S. Marshal Form 12 285. In addition, the Clerk shall provide Plaintiff with a certified copy of this Order and 13 a certified copy of her Complaint and the summons. Upon receipt of this “IFP Package,” 14 Plaintiff is directed to complete the Form 285 as completely and accurately as possible, 15 and to return it to the U.S. Marshal according to the instructions provided by the Clerk in 16 the letter accompanying her IFP package. Upon receipt, the U.S. Marshal shall serve a 17 copy of the Complaint and summons upon Defendant as directed by Plaintiff on the form. 18 All costs of service shall be advanced by the United States. See 28 U.S.C. § 1915(d); 19 Fed. R. Civ. P. 4(c)(3). 20 2. Defendant shall reply to the Complaint within the time provided by the 21 applicable provisions of Federal Rule of Civil Procedure 12(a). 22 3. Plaintiff shall serve upon Defendant or, if appearance has been entered by 23 counsel, upon Defendant’s counsel, a copy of every further pleading or other document 24 submitted for consideration of the Court. Plaintiff shall include with the original paper to 25 be filed with the Clerk of the Court a certificate stating the manner in which a true and 26 correct copy of any document was served on the Defendant or counsel of Defendant and 27 the date of service. Any paper received by a district judge or magistrate judge which has 28 1 ||not been filed with the Clerk or which fails to include a Certificate of Service may be 2 ||disregarded. 3 IT IS SO ORDERED. 4 5 ||Dated: July 23, 2020 ° 7 la clear United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 3:20-cv-01236

Filed Date: 7/23/2020

Precedential Status: Precedential

Modified Date: 6/20/2024