Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: ORDER WILLIAM Q. HAYES , District Judge . On July 19, 2018, Plaintiff Hipolito De La Rosa De La Rosa initiated this action by filing a Complaint (ECF No. 1) and a Motion to Proceed in Forma Pauperis (ECF No. 2). All parties instituting a civil action, suit, or proceeding in a district court of the United States, other than a petition for writ of habeas corpus, must pay a filing fee of $400.00. See 28 U.S.C. 1914(a); CivLR 4.5. An action may proceed despite a party's failure to pay on
Summary: ORDER WILLIAM Q. HAYES , District Judge . On July 19, 2018, Plaintiff Hipolito De La Rosa De La Rosa initiated this action by filing a Complaint (ECF No. 1) and a Motion to Proceed in Forma Pauperis (ECF No. 2). All parties instituting a civil action, suit, or proceeding in a district court of the United States, other than a petition for writ of habeas corpus, must pay a filing fee of $400.00. See 28 U.S.C. 1914(a); CivLR 4.5. An action may proceed despite a party's failure to pay onl..
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ORDER
WILLIAM Q. HAYES, District Judge.
On July 19, 2018, Plaintiff Hipolito De La Rosa De La Rosa initiated this action by filing a Complaint (ECF No. 1) and a Motion to Proceed in Forma Pauperis (ECF No. 2).
All parties instituting a civil action, suit, or proceeding in a district court of the United States, other than a petition for writ of habeas corpus, must pay a filing fee of $400.00. See 28 U.S.C. § 1914(a); CivLR 4.5. An action may proceed despite a party's failure to pay only if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
The affidavit filed by De La Rosa states "I am unable to pay the costs of these proceedings." (ECF No. 2 at 1). De La Rosa's affidavit lists two sources of "income": $188 a month in food stamps and $760 in disability (which is paid to De La Rosa's spouse). Id. at 2. According to the affidavit, De La Rosa has no checking or savings accounts. Id.
De La Rosa's Motion to Proceed in Forma Pauperis (ECF No. 2) is GRANTED. All matters arising in this Social Security case are REFERRED to the Honorable Jill L. Burkhardt, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(a) and Local Civil Rule 72, 1.
