Williams v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ARNELL W., Case No.: 21cv2034-MDD 12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. MOTION TO PROCEED IN FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL SECURITY, 15 [ECF No. 3] Defendant. 16 17 On December 3, 2021, Arnell W. (“Plaintiff”) filed this social security 18 appeal pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 19 405(g), challenging the denial of Plaintiff’s application for Supplemental 20 Security Income benefits. (ECF No. 1). Plaintiff simultaneously filed a 21 motion to proceed in forma pauperis (“IFP”). (ECF No. 3). For the reasons 22 set forth herein, the Court GRANTS Plaintiff’s motion to proceed IFP. 23 All parties instituting any civil action, suit, or proceeding in a district 24 court of the United States, except an application for writ of habeas corpus, 25 must pay a filing fee of $402.1 See 28 U.S.C. § 1914. An action may proceed 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 plaintiff is granted 9 || leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 3 F.3d 1176, 1177 (9th Cir. 1999). “To proceed [IFP] is a privilege not a 4 ||right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not 5 || be completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & 6 || Co., 335 U.S. 331, 339-40 (1948). 7 Here, Plaintiffs affidavit sufficiently shows he is unable to pay the fees 8 ||or post securities required to maintain this action. Plaintiff declares he has 9 no employment for at least the past two years and has no money in bank 10 |}accounts or in any other financial institution. (ECF No. 3 at 2). Plaintiff 11 |;}attests that he does not own anything valuable, and his only monthly income 12 ||is $210 in food stamps. (d. at 2-3). Plaintiff estimates that he spends $210 13 |}each month on food and explains that his family provides for his shelter and 14 ||other daily needs. Cd. at 4-5). 15 Plaintiffs affidavit sufficiently demonstrates an inability to pay the 16 ||required filing fee without sacrificing the necessities of life. See Adkins, 335 17 || U.S. at 339-40. Accordingly, the Court GRANTS Plaintiff's motion to 18 proceed IFP. Additionally, the Court has reviewed Plaintiff's complaint and 19 ||}concludes it is not subject to sua sponte dismissal under 28 U.S.C. § 20 |} 1915(e)(2)(B). 21 IT IS SO ORDERED. Dated: December 6, 2021 Mitel bs. [ Hon. Mitchell D. Dembin 24 United States Magistrate Judge 25 26 |} ———___ 97 Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). The additional $52.00 administrative fee does not apply to persons granted leave to proceed IFP. Id.