Doe v. Bondi

• Court: District Court, S.D. California
• Decided: April 7, 2025
• Docket: 3:25-cv-00805
• Status: Unknown

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