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Guzikauskas v. Berryhill, 3:18-cv-2086-GPC-MDD. (2018)

Court: District Court, N.D. California Number: infdco20180911721 Visitors: 5
Filed: Sep. 10, 2018
Latest Update: Sep. 10, 2018
Summary: ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REFERRING MATTER TO MAGISTRATE JUDGE [ECF No. 2] GONZALO P. CURIEL , District Judge . Plaintiff, Jessica Rachel Guzikauskas, with counsel, has filed a complaint requesting judicial review of the Commissioner's decision denying Plaintiff's claims for disability insurance benefits and supplemental security income under Title II & XVI of the Social Security Act. Compl., ECF No. 1. Plaintiff did not prepay the civil filing fee require
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ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REFERRING MATTER TO MAGISTRATE JUDGE

[ECF No. 2]

Plaintiff, Jessica Rachel Guzikauskas, with counsel, has filed a complaint requesting judicial review of the Commissioner's decision denying Plaintiff's claims for disability insurance benefits and supplemental security income under Title II & XVI of the Social Security Act. Compl., ECF No. 1. Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time of the filing, but instead filed an Application to Proceed in Forma Pauperis ("IFP") pursuant to 28 U.S.C. § 1915. Pl.'s Application, ECF No. 2. For the following reasons, the Court GRANTS Plaintiff's application to proceed IFP.

All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if he or she is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all of his or her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a). Such an affidavit must include a complete statement of the plaintiff's assets. See id.

Here, Plaintiff submitted a declaration reporting that her total monthly income is $910.00, coming solely from Social Security disability payments. Pl.'s Application, ECF No. 2 at 1-2. She has $200.00 in a checking account and owns a car worth $300.00. Id. at 2-3. On the other hand, her monthly expenses total $1,045.00. Id. at 4-5. Plaintiff indicates that she will pay counsel on a contingency fee basis. Id. at 5.

Plaintiff has sufficiently demonstrated that she is unable to pay the required filing fee and that he meets the requirements to proceed IFP. Plaintiff's Application to Proceed in Forma Pauperis is therefore GRANTED.

All matters arising in the above-captioned social security appeal are hereby referred to the Honorable Mitchell D. Dembin, United States Magistrate Judge, for report and recommendation pursuant to section 636(b)(1)(B) of Title 28 of the United States Code and Civil Local Rule 72.1. See 28 U.S.C. § 636(b)(1)(B); S.D. Cal. Civ. R. 72.1.

IT IS SO ORDERED.

Source:  Leagle

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