Politte v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA DAVID ALLEN POLITTE, Case No.: 19CV1506-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] ANDREW H. SAUL, Commissioner of Social Security, Defendant.

On August 12, 2019, plaintiff David Allen Politte commenced an action against Andrew H. Saul, the Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed with his Complaint in forma pauperis. [Doc. No. 3.] The Application is in the form of an affidavit. [Id.] A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted).

1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. ||E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit is sufficient 3 it shows that the applicant cannot pay the fee “and still be able to provide himself [or ||herself] and dependents with the necessities of life.” /d. (internal quotations omitted).

5 Here, plaintiff's affidavit states that he is unemployed and has limited income and ||assets. His only income is public-assistance food stamps, totaling $198 per month. [Doc.

7 || No. 3, p. 2.] He lives with his parents and contributes his food stamps to the household.

8 || p. 5.] His parents keep track of how much he owes them. [/d.] His only asset is his || car, a 2010 Jeep Commander, which is unencumbered and valued at $16,000. [/d., pp. 2- ||3.] Therefore, the Court finds that plaintiff has submitted an affidavit which sufficiently 11 shows that he lacks the financial resources to pay her filing fee. Accordingly, 12 IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his ||Complaint in forma pauperis is GRANTED. [Doc. No. 3.]

14 ||Dated: August 14, 2019 Mh Lon 16 Hori. Karen 8S. Crawford United States Magistrate Judge