Husted v. Saul

FILED □ 2 OCT 02 2019 ; oi □□ et 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA || S. HUSTED, Case No.: 19cv1435-BEN(KSC) a ORDER GRANTING APPLICATION || V. TO PROCEED IN DISTRICT axorewa. sau, commisionror | COURTITHOUT PREPAVING 15 the Social Security Administration, 16 Defendant.

18 On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M.

19 || Saul, Commissioner of the Social Security Administration, seeking review of a final || adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 21 Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The || Application is in the form of an affidavit. [Doc. No. 2, at p. 1.]

23 A court may authorize the commencement of a suit without prepayment of fees if 24 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 27 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. || DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate 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.” Jd. (internal quotations omitted).

5 || Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also receives some financial assistance from parents. The affidavit also indicates that || plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds || that plaintiff has submitted an affidavit which sufficiently shows a lack of financial || resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT || plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED.

11 [Doc. No. 2.]

12 IT IS SO ORDERED. .

13 Dated: October , 2019 jj; / 15 Hon. Kgfen S. Crawford United States Magistrate Judge