Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: ORDER GRANTING PLAINTIFF ROY MASON'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2]. JOHN A. HOUSTON , District Judge . This matter comes before the Court on motion for leave to proceed in forma pauperis. On May 14, 2018, Plaintiff Roy Mason ("Plaintiff") filed a complaint against Defendants Djani Ivanov, an individual doing business as The Hopping Pig Restaurant & Bar, and Anthony L. Allos Living Trust 06-01-90, (collectively, "Defendants") for violating 42 U.S.C. 12182, et
Summary: ORDER GRANTING PLAINTIFF ROY MASON'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2]. JOHN A. HOUSTON , District Judge . This matter comes before the Court on motion for leave to proceed in forma pauperis. On May 14, 2018, Plaintiff Roy Mason ("Plaintiff") filed a complaint against Defendants Djani Ivanov, an individual doing business as The Hopping Pig Restaurant & Bar, and Anthony L. Allos Living Trust 06-01-90, (collectively, "Defendants") for violating 42 U.S.C. 12182, et...
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ORDER GRANTING PLAINTIFF ROY MASON'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2].
JOHN A. HOUSTON, District Judge.
This matter comes before the Court on motion for leave to proceed in forma pauperis. On May 14, 2018, Plaintiff Roy Mason ("Plaintiff") filed a complaint against Defendants Djani Ivanov, an individual doing business as The Hopping Pig Restaurant & Bar, and Anthony L. Allos Living Trust 06-01-90, (collectively, "Defendants") for violating 42 U.S.C. § 12182, et. seq., more commonly referred to as the Americans Disabilities Act ("ADA") of 1990. Plaintiff also filed a motion for leave to proceed in forma pauperis ("IFP"), pursuant to 28 U.S.C. § 1915(a). See Doc. No. 2.
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 $4001. See 28 U.S.C. § 1914(a). The action may proceed despite a plaintiff's failure to prepay the entire fee only if he 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). Courts may grant leave to proceed IFP when plaintiffs submit an affidavit that includes a statement of all assets to show their inability to pay the statutory filing fee. See 28 U.S.C. § 1915(a).
Plaintiff, in support of his IFP motion, has submitted an application to proceed in district court without paying fees or costs. See Doc. No. 2. Plaintiff lists his monthly expenses as follows: $750.00 for rent; $30.00 for utilities; $150.00 for food; $10.00 for clothing; and $40.00 for laundry, totaling $980.00. Id.
Plaintiff is unemployed, collects $867.00 per month in disability benefits, and has no other source of income. Id. at 2, 3. Because Plaintiff's monthly expenses exceed his income, he requests monetary assistance from others on a regular basis. Id. at 5. Plaintiff expects no major changes to his financial status in the next twelve months. Id. Based on the information presented, the Court finds Plaintiff sufficiently demonstrates his inability to pay the filing fee required to pursue the instant action.
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiff's motion for leave to proceed in forma pauperis is GRANTED.
2. The United States Marshal Service shall serve a copy of the complaint and summons upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States.
3. Plaintiff shall serve upon Defendants or, if appearance has been entered by counsel, upon Defendants' counsel, a copy of every further pleading or other document submitted for consideration of the Court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a certificate stating the manner in which a true and correct copy of any document was served on Defendants or Defendants' counsel and the date of service. Any paper received by a district judge or magistrate judge which has not been filed with the Clerk or which fails to include a Certificate of Service may be disregarded.
