1 pce pope]

FILED

3 | 2020 | 4 souTHerh BSSy(Er De CRLE Shag 5 6

UNITED STATESDISTRICTCOURT

SOUTHERN DISTRICT OF CALIFORNIA _

10 || THERESA LYNN H.,} Case No.: 3:20-cv-0700-BEN-JLB My Plaintift,| ORDER GRANTING PLAINTIFF'S 12 || Vv. . APPLICATION TO PROCEED 13 || ANDREW SAUL, Commissioner of | Qa RING FEES □□□ 14 Social Security, Defendant.! [Docket Nos. 3, □□ 16 || This matter was initiated on April 11, 2020, when Plaintiff filed a Complaint 17 seeking judicial review of the Social Security Commissioner’s denial of her application 18 || for disability insurance benefits. ECF No. 1. Plaintiff also filed an Application to 19 Proceed in District Court without Prepaying Fees or Costs, commonly referred to.as in 20 forma pauperis (“IFP”). ECF No. 3. As set forth below, Plaintiffs motion is granted. 21 Motion for IFP : 22 || AI parties initiating a civil action, suit, or proceeding in a United States District 23 Court must pay a filing fee. 28 U.S.C. § 1915(a). Without the filing fee, an action may 24 proceed only if the Plaintiff is granted leave to proceed IFP. Jd.

26 27 ||' Partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(B) and the recommendation of the Committee on Court Administration and Case Management of the | . Judicial Conference of the United States. □□

1 The Court has discretion to determine indigency. California Men’s Colony v. 2 || Rowland, 939 F.2d 854, 858 (9th Cir. 1991) rev’d on other grounds by 506 U.S. 194 3 (1993) (“Section 1915 typically requires the reviewing court to exercise its sound 4 || discretion in determining whether the affiant has satisfied the statute's requirement of 5 indigency”. To satisfy 28 U.S.C. § 1915(a), “an affidavit [of poverty] is sufficient [if it] |. 6 ||states that one cannot because of his poverty pay or give security for costs . . . and still be 7 able to provide for himself and dependents with the necessities of life.” Adkins v. EL 8 || DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The facts as to the affiant's 9 || poverty must be stated “with some particularity, definiteness, and certainty.” United 10 || States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). 1 Here, Plaintiff has satisfied her burden that she is entitled to IFP status. According her application, Plaintiff's only income is $580.00 per month in pension payments, 13 || which help to pay utilities and car insurance. ECF.No. 3. Her vehicles are valued at a 14 || total of approximately $2,000.00, and she owns no other property. Jd. She declares she 15 || lives with a friend, who pays for her share of the rent and food. Id. . Based on the foregoing, the Court finds Plaintiff has established that paying the _ 17 |; $400.00 filing fee would impair her ability to pay for life’s necessities. See Adkins, 335 18 at 339-40. Accordingly, Plaintiff's Application to Proceed in District Court without 19 || Prepaying Fees or Costs is GRANTED. 20 ||II. Service 21 In cases involving a plaintiff who has sought and been granted IFP status, a United. 22 States Marshal, upon order of the Court, must serve the summons and the complaint. 23 ||Fed. R. Civ. P. 4(c)(3); see also 28 U.S.C. § 1915(d) (“The officers of the court shall 24 || issue and serve all process, and perform all duties in such cases.”); Benny v. Pipes, 799 25 || F.2d 489, 493 n.4 (9th Cir. 1986) (permitting “service by a Marshal for,” inter alia, “a 26 || person proceeding in forma pauperis”). . . 27 Having granted leave to proceed IFP, the Court directs the Clerk of Court to issue 28 summons, provide Plaintiff with a certified copy of this Order and her Complaint

1 || (ECF No. 1), and forward them to Plaintiff along with a blank United States Marshal 2 II Service (“USMS”) Form 285. Upon receipt of this “IFP Package,” the Court directs 3 || Plaintiff to complete the Form 285 and forward the IFP Package to the USMS. Upon 4 |/receipt from Plaintiff, the USMS will serve a copy of the complaint and summons upon 5 ||each Defendant as directed by Plaintiff on the USMS Form 285. The United States will |ladvance all costs of service. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. A(c)(3). □ 7 Plaintiff must serve upon the Defendant or, if appearance has been entered by 8 || counsel, upon Defendant’s counsel, a copy of every further pleading or other document 9 || submitted for consideration by the Court. Plaintiff must include with the original paper 10 |) to be filed with the Clerk of the Court a certificate stating the manner in which a true and 11 |/correct copy of the document was served on the Defendant, or counsel for the Defendant, 12 || and the date of that service. Any paper received by the Court which has not been 13 || properly filed with the Clerk, or which fails to include a Certificate of Service, may be 14 |/disregarded. IL Conclusion 16 Plaintiff's Motion to Proceed IFP is GRANTED. ECF No. 3. The Clerk of Court 17 ORDERED to direct service in conjunction with the foregoing. Plaintiff's Motion to 18 ||Lift the Stay is DENIED as moot. ECF No. 6. 19 || - . ITISSO ORDERED. ,

20 Ho Mie 1 Date: November“ /, 2020

HO ER T. BE Z

22 |) . fs uy ited States District Judge 23 24 |

25 oe

27 . 28