Hall v. Berryhill, 17-cv-2258-LAB (JMA). (2017)
Court: District Court, N.D. California
Number: infdco20171208c18
Visitors: 16
Filed: Dec. 06, 2017
Latest Update: Dec. 06, 2017
Summary: ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS LARRY ALAN BURNS , District Judge . James Hall filed a motion to proceed in forma pauperis to appeal the Commissioner's decision denying him disability benefits. Courts may authorize litigants to proceed without paying when they make a showing that they can't afford the filing fee. 28 U.S.C. 1915. Hall states that he and his wife receive about $4,000 a month in benefits with around $2,700 in expenses. While Hall hasn't shown that paying the fil
Summary: ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS LARRY ALAN BURNS , District Judge . James Hall filed a motion to proceed in forma pauperis to appeal the Commissioner's decision denying him disability benefits. Courts may authorize litigants to proceed without paying when they make a showing that they can't afford the filing fee. 28 U.S.C. 1915. Hall states that he and his wife receive about $4,000 a month in benefits with around $2,700 in expenses. While Hall hasn't shown that paying the fili..
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ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS
LARRY ALAN BURNS, District Judge.
James Hall filed a motion to proceed in forma pauperis to appeal the Commissioner's decision denying him disability benefits. Courts may authorize litigants to proceed without paying when they make a showing that they can't afford the filing fee. 28 U.S.C. § 1915. Hall states that he and his wife receive about $4,000 a month in benefits with around $2,700 in expenses. While Hall hasn't shown that paying the filing fee would prevent him from providing his family "with the necessities of life," the Court recognizes that he has no income or assets, and little money in the bank. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The Court orders Hall to pay $200 (half the filing fee) to the Clerk by December 15 if he wants to proceed. Once the fee is paid, the Court will issue a separate order directing the Clerk to issue a summons and direct service. If Hall fails to pay, the Court will deny the motion.
IT IS SO ORDERED.
Source: Leagle
