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Olga Ayala v. Pinnacle Asset Group

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 25, 2013

OLGA AYALA,
PLAINTIFF,
v.
PINNACLE ASSET GROUP, LLC,
DEFENDANT.

The opinion of the court was delivered by: Hon. Gonzalo P. Curiel United States District Judge

ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS [Dkt. No. 2.]

On May 13, 2013, Plaintiff, proceeding with counsel, filed a complaint asserting claims under the Fair Debt Collection Practices Act, and California's Rosenthal Fair Debt Collection Practices Act. (Dkt. No. 1.) Along with her Complaint, Plaintiff filed a motion to proceed in forma pauperis. (Dkt. No. 2.)

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 in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all of his or her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. §1915(a).

In her Declaration, Plaintiff states she is currently unemployed, receives no income, and has assets totaling approximately $850. Plaintiff states her husband, whose net monthly income is $3,357, provides for Plaintiff's day-to-day expenses. Plaintiff states she has approximately $6,000 in debt, is making payments on a vehicle with $10,000 owed, and has household expenses totaling $3,716. Plaintiff also states her brother and two grandchildren are dependent on her for support; though, she does not state how much she contributes to their support. In sum, Plaintiff's household operates on a monthly deficit of $358. The Court finds that Plaintiff has sufficiently demonstrated she is unable to pay the required filing fee. Accordingly, the Court GRANTS Plaintiff's motion to proceed in forma pauperis.

IT IS HEREBY ORDERED.

20130325

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