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Phong Thi Vu; Cuc Thi Truong; Hue Thi v. Alejandro N. Mayorkas; U.S.

August 21, 2012

PHONG THI VU; CUC THI TRUONG; HUE THI NGUYEN; AND HONG XUAN BUI,
PETITIONERS,
v.
ALEJANDRO N. MAYORKAS; U.S. CITIZENSHIP AND IMMIGRATION SERVICE; DEPARTMENT OF HOMELAND SECURITY; AND DOES 1--10, RESPONDENTS.



The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER GRANTING PETITIONERS' MOTIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF Nos. 2--5)

Presently before the Court are Petitioners Hong Xuan Bui's ("Bui"), Hue Thi Nguyen's ("Nguyen"), Cuc Thi Truong's ("Truong"), and Phong Thu Vu's ("Vu," and collectively, "Petitioners") Motions to Proceed In Forma Pauperis ("IFP"). (ECF Nos. 2--5) Petitioners have submitted a civil action seeking a writ of mandamus compelling Respondents to adjudicate their applications for citizenship. (Pet., ECF No. 1)

MOTION TO PROCEED IFP

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 $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A federal court may authorize the commencement of an action without the prepayment of fees if the party submits an affidavit, including a statement of assets, showing that the party is unable to pay the required filing fee. 28 U.S.C. § 1915(a).

1. Bui's IFP Motion

Bui is not currently employed, and indicates that he has never been employed. (Bui IFP Mot. 2, ECF No. 2) Bui receives $180.00 in food stamps, but has no checking or savings accounts, nor does he own a vehicle. (Id.) In terms of debts, Bui indicates that he has borrowed a total of $15,000 from his daughter to pay for living expenses, borrowed over time at a rate of $300 per month since 2005. (Id. at 3) Based on the information provided, the Court finds that Bui is unable to pay the required filing fee. Accordingly, Bui's motion to proceed IFP is GRANTED.

2. Nguyen's IFP Motion

Nguyen is not currently employed, and indicates that he has never been employed. (Nguyen IFP Mot. 2, ECF No. 3) Nguyen receives $180.00 in food stamps, but has no checking or savings accounts, nor does he own a vehicle. (Id.) In terms of debts, Nguyen indicates that he has borrowed $12,000 from his daughter to pay for living expenses, borrowed over time at a rate of $200 per month since 2005. (Id. at 3) Based on the information provided, the Court finds that Nguyen is unable to pay the required filing fee. Accordingly, Nguyen's motion to proceed IFP is GRANTED.

3. Truong's IFP Motion

Truong is not currently employed, and indicates that he has never been employed. (Truong IFP Mot. 2, ECF No. 4) Truong's only source of money is a monthly loan from his sisters amounting to $650 per month. (Id.) He has no checking or savings accounts, nor does he own a vehicle. (Id.) His debts include the loan from his sisters, and another $650 per month loan from sharing a room since 2009. (Id. at 3) Based on the information provided, the Court finds that Truong is unable to pay the required filing fee. Accordingly, Truong's motion to proceed IFP is GRANTED.

4. Vu's IFP Motion

Vu is not currently employed, and indicates that he has never been employed. (Vu IFP Mot. 2, ECF No. 5) Vu receives $860 per month in Social Security Disability payments, but has no checking or savings accounts, nor does he own a vehicle. (Id.) In terms of debts, Vu indicates that he owes $500 per month in rent, and $100 per month in utilities. (Id. at 3) Based on the information provided, the Court finds that Vu is unable to pay the required filing fee. Accordingly, Vu's motion to proceed IFP is GRANTED.

INITIAL SCREENING

Notwithstanding IFP status, the Court must subject each civil action commenced pursuant to 28 U.S.C. § 1915(a) to mandatory screening and order the sua sponte dismissal of any case it finds "frivolous or malicious," "fails to state a claim on which relief may be granted," or "seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) ("[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners."); Lopez v. Smith, 203 F.3d 1122, 1126--27 (9th Cir. 2000) (en ...


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