Opinion

Alhawari v. Kijakazi

Court
District Court, S.D. California
Filed
Apr 14, 2022
Cited by
0 cases
Authority
More cited than 19.2%

The opinion

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF CALIFORNIA

3 MOHAMAD H. M. A., Case No.: 22-cv-0504-AGS

4 Plaintiff, ORDER GRANTING PLAINTIFF’S

IN FORMA PAUPERIS STATUS

5 v.

(ECF 2)

6 Kilolo KIJAKAZI,

7 Defendant.

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9 Plaintiff moves to proceed in forma pauperis (IFP). Plaintiff qualifies to proceed

10 without paying the initial filing fee, and his complaint states a claim for relief. So, the Court

11 grants plaintiff’s motion.

12 Motion to Proceed In Forma Pauperis

13 Typically, parties instituting a civil action in a United States district court must pay

14 a filing fee of $402.1 See 28 U.S.C. § 1914(a). But if granted the right to proceed in forma

15 pauperis, a plaintiff can proceed without paying the fee. Rodriguez v. Cook, 169 F.3d 1176,

16 1177 (9th Cir. 1999).

17 Here, plaintiff owns two cars worth a combined $9,500 and has $1,419 in his bank

18 accounts. (ECF 2, at 2-3.) With his spouse, he has an average monthly income of $4,431,

19 nearly half of which comes from government assistance. (Id. at 1-2 (noting $189 from

20 “food stamps” and $1,842 because “2 children receive SSI”).) Plaintiff’s normal monthly

21 expenses nearly match his income, running plaintiff and his wife $3,989 each month to

22 support themselves and their three young children. (Id. at 3-5.) So the Court finds that

23 plaintiff has sufficiently shown an inability to pay the initial $402 fee. See Blount v. Saul,

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27 1 In addition to the $350 statutory fee, civil litigants must pay a $52 administrative

fee. See 28 U.S.C. § 1914(a); District Court Misc. Fee Schedule, § 14 (effective Dec. 1,

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1 No. 21-CV-0679-BLM, 2021 WL 1561453, at *1 (S.D. Cal. Apr. 21, 2021) (“It is well-

2 settled that a party need not be completely destitute to proceed IFP.”).

3 28 U.S.C. § 1915(e) Screening

4 When reviewing an IFP motion, the court must screen the complaint and dismiss it

5 if it is frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant

6 immune from such relief. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1127

7 (9th Cir. 2000). In the Social Security context, a plaintiff’s complaint must set forth

8 sufficient facts to support the legal conclusion that the Commissioner’s decision was

9 incorrect. “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish

10 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that

11 the civil action was commenced within sixty days after notice of a final decision,”

12 (2) “indicate the judicial district in which the plaintiff resides,” (3) “state the nature of

13 plaintiff’s disability and when the plaintiff claims she became disabled,” and (4) “identify[]

14 the nature of the plaintiff’s disagreement with the determination made by the Social

15 Security Administration and show that plaintiff is entitled to relief.” Varao v. Berryhill,

16 No. 17-cv-02463-LAB-JLB, 2018 WL 4373697, at *2 (S.D. Cal. Jan. 31, 2018) (alteration

17 and citation omitted).

18 Plaintiff meets all four elements to survive a § 1915(e) screening. First, plaintiff

19 “exhausted all administrative remedies by seeking review with the Appeals Council,”

20 which denied his request on “September 22, 2021.” (ECF 1, at 3.) Next, plaintiff claims to

21 reside in “within the jurisdictional boundaries of this Court at La Mesa, CA.” (Id. at 1.)

22 The complaint also states the nature of plaintiff’s disability: “Rheumatoid arthritis; familial

23 Mediterranean fever; healed fracture of tibia and fibula; status-post right lower extremity

24 would [sic]; major depressive disorder; and generalized anxiety disorder[,]” which

25 rendered him disabled since “July 12, 2019.” (Id. at 2-3.) Finally, plaintiff identifies the

26 nature of his disagreement with the Social Security Administration’s determination,

27 arguing that “the ALJ did not state clear and convincing reasons for rejecting [plaintiff’s]

28 symptom and limitation testimony” and that the ALJ “did not properly weigh the medical

| |}evidence that [plaintiff] had more limitations as expressed by Drs. Bayyapureddy and

2 || Bailey.” Ud. at 3.) Based on these allegations, plaintiff's complaint is sufficient to survive

3 || the “low threshold” for proceeding past the § 1915(e) screening. Wilhelm v. Rotman, 680

4 || F.3d 1113, 1123 (9th Cir. 2012).

5 Conclusion

6 For the reasons set forth above, the Court grants plaintiff's IFP motion.

7 ||Dated: April 14, 2022

9 Hon. ndrew G. Schopler

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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