The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10
11 JANE DOE, Case No.: 25-cv-00805-AJB-JLB
12
Plaintiff, ORDER GRANTING MOTION FOR
13 LEAVE TO PROCEED IN FORMA
v. PAUPERIS
14
15 PAMELA BONDI, Attorney General, (Doc. No. 2)
Department of Justice, in her official
16
capacity, et al.,
17
Defendants.
18
19 Before the Court is a motion for leave to proceed in forma pauperis filed by Jane
20 Doe (“Plaintiff”),1 who is presently detained at the Otay Mesa Detention Center and
21 proceeding through pro bono counsel. (Doc. Nos. 1, 2.) On April 3, 2025, Plaintiff filed a
22 Petition for Mandamus and Complaint for Declaratory and Injunctive Relief, requesting
23 the Court to compel the Board of Immigration Appeals to adjudicate her pending motion
24 to reopen removal proceedings before she is deported to Cambodia on a potentially invalid
25 removal order. (Doc. No. 1 at 1–2.)
26
27 1 Plaintiff notes that she intends to file a motion to proceed under pseudonym based on the sensitive,
personal information and risk to her if her location and facts related to her asylum and related claims
28
1 All parties instituting a civil action, suit, or proceeding in a district court of the
2 || United States, other than a petition for writ of habeas corpus, must pay a filing fee. See 28
3 U.S.C. § 1914(a). An action may proceed despite a party’s failure to pay only if the party
4 ||is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See
5 || Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir.1999). “To proceed in forma pauperis is
6 privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir.1965). Whether to
7 || grant or deny a motion to proceed in forma pauperis is “committed to the sound discretion
8 || of the district court.” Jd.
9 The Court has reviewed Plaintiff's affidavit, which describes her assets, expenses,
10 ||and other circumstances explaining why she cannot pay the costs of these proceedings.
11 ||(Doc. No. 2.) The Court finds the affidavit sufficient to show that Plaintiff is unable to pay
12 ||the fees or post securities required to maintain this action. Accordingly, the Court
13 || GRANTS Plaintiff's motion for leave to proceed in forma pauperis. The Clerk of Court is
14 || instructed to allow the filing of the Petition without prepayment of the filing fee.
15 IT IS SO ORDERED.
16 || Dated: April 7, 2025 © ¢
17 Hon. Anthony J.Battaglia
18 United States District Judge
19
20
21
22
23
24
25
26
27
28