Webel v. Commissioner of Social Security Administration

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Timothy Wayne Webel, No. CV-20-01696-PHX-DWL 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

15 Pending before the Court is Plaintiff Timothy Wayne Webel’s Application for Leave to Proceed In Forma Pauperis. (Doc. 2.)

17 Plaintiff declared that he and his spouse have an average combined monthly income of $8,800, which is not expected to change. (Doc. 2 at 1-2.) Plaintiff and his spouse also own a home worth $420,000, other land valued at $60,000, a 2014 Volkswagen Beetle, a 2017 Nissan Titan, an RV, and a timeshare. (Id. at 3.) They have one 15-year-old son.

21 Despite allotting over $1,000 each month for clothing and recreation, Plaintiff and his spouse are able to cover their monthly expenses with over $2,200 to spare (id. at 5), and they currently have $6,000 set aside in cash and bank accounts (id. at 2).

24 Plaintiff has failed—by a long shot—to establish the level of financial need that would allow him to proceed in forma pauperis. Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still afford the necessities of life. . . .

28 As this court has recognized, one need not be absolutely destitute to obtain benefits of the || in forma pauperis statute. Nonetheless, a plaintiff seeking IFP status must allege poverty || with some particularity, definiteness and certainty.”) (citations and quotation marks || omitted).

4 Accordingly, 5 IT IS ORDERED that Plaintiff's Application for Leave to Proceed In Forma || Pauperis (Doc. 2) is denied.

7 Dated this Ist day of September, 2020.

9 Lam a’ 10 f t _o——— Dominic W. Lanza 11 United States District Judge -2-