Summary
The United States District Court for the Southern District of California denied Dana Davis Lobo’s motion to proceed in forma pauperis in her action seeking review of a Social Security disability benefits decision. The court found that she had not sufficiently demonstrated inability to pay the $405 filing fee because she reported substantial savings and positive net monthly income. The court determined that the complaint survived screening under 28 U.S.C. § 1915(e)(2)(B), but required payment of the filing fee or submission of a renewed IFP motion within 14 days.
Holdings
- Plaintiff did not sufficiently demonstrate inability to pay the $405 filing fee because her affidavit showed significant savings and positive net monthly income.
- Plaintiff's complaint stated a claim upon which relief could be granted and therefore survived screening under 28 U.S.C. § 1915(e)(2)(B).
Questions Presented
- Whether Plaintiff sufficiently demonstrated inability to pay the $405 civil filing fee to proceed in forma pauperis under 28 U.S.C. § 1915(a).
- Whether Plaintiff's Social Security complaint stated a claim sufficient to survive mandatory screening under 28 U.S.C. § 1915(e)(2)(B).
Disposition
other
Cases Cited (8)
- Lopez v. Smith, 203 F.3d 1122, 1127, 1129 (9th Cir. 2000)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948)(followed)
- Escobedo v. Applebees, 787 F.3d 1226, 1234-36 (9th Cir. 2015)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Cal. Men's Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), rev'd on other grounds, 506 U.S. 194 (1993)(followed)
- Hoagland v. Astrue, No. 1:12-cv-00973-SMS, 2012 WL 2521753, at *1-*2 (E.D. Cal. June 28, 2012)(followed)
- Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001)(followed)
- Jaime B. v. Saul, No. 19cv2431-JLB, 2020 WL 1169671, at *2 (S.D. Cal. Mar. 10, 2020)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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