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Guerrero v. Colvin, 16cv1229-WQH-NLS. (2016)

Court: District Court, N.D. California Number: infdco20160531d74 Visitors: 8
Filed: May 27, 2016
Latest Update: May 27, 2016
Summary: ORDER WILLIAM Q. HAYES , District Judge . On May 23, 2016, Plaintiff initiated this action by filing a Complaint (ECF No. 1) and a motion to proceed in forma pauperis (ECF No. 3). 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); S.D. Cal. Civ. L.R. 4.5. An action may proceed despite a party's failure to pay only if the party is gra
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ORDER

On May 23, 2016, Plaintiff initiated this action by filing a Complaint (ECF No. 1) and a motion to proceed in forma pauperis (ECF No. 3).

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); S.D. Cal. Civ. L.R. 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). "To proceed in forma pauperis is a privilege not a right." Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965).

In an affidavit, Plaintiff states that as of May 2016 she is unemployed. (ECF No. 3 at 2). Plaintiff states that she is receiving $532 bi-weekly from Worker's Compensation. Id. Plaintiff states that she has $5.00 in bank account. Id. Plaintiff states that her rent and utilities are $650. Id. at 3. Plaintiff states that she owns no real estate or other property of value. Id. After considering Plaintiff's motion and affidavit, the Court determines that Plaintiff cannot afford to pay the filing fee in this case and is eligible to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).

IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis is GRANTED. (ECF No. 3)

IT IS FURTHER ORDERED that all matters arising in this social security case are referred to the Honorable Nita L. Stormes, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c).

Source:  Leagle

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