Andrews v. Saul

FILED NOV 18 2019.

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CLERK, U8 AINT 4 SOUTHERN Pisa af OF CALIFORNIA BY □□□□□□ | 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 9. || ANDREA ANDREWS, Case No.: 3:19-cv-01873-BEN-MDD 10 Plaintiff, ORDER DENYING MOTION □□ |] v- PROCEED IN FORMA PAUPERIS | || ANDREW SAUL, Acting Commissioner .

3 of Social Security, . i4 || - Defendant.| .

16 Before this Court is a Motion to Proceed In Forma Pauperis (“IFP”), filed by || Plaintiff Andrea Andrews. (Docket No. 2.) Plaintiff filed a Complaint seeking judicial review of a decision by the Commissioner of Social Security denying her application for || disability benefits. (Docket No. 1.)

0 __ All parties instituting any civil action, suit, or proceeding in a district court of the || United States, except an application for a writ of habeas corpus, must pay a filing fee. 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). Under 28 ||U-S.C. § 1915¢a)(1), : 5 [A]ny court of the United States may authorize the commencement, _ prosecution or defense of any suit, action or proceeding ... without □ 26 prepayment of fees or security therefor, by a person who submits an affidavit 77 that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor. .

28 . □ 1 _ A party “need not be absolutely destitute to obtain benefits of the in forma pauperis statute.” Jefferson vy. United States, 277 F.3d 723, 725 (9th Cir. 1960). □□□□ || ‘the same even-handed care must be employed to assure that federal funds are not squandered to underwrite, at public expense, either frivolous claims or the remonstrances ||of a suitor who is financially able, in whole or in material part, to pull his own oar.’””

6 || Anderson v. California, No. 3:10-cv-2216 MMA (AJB), 2010 WL. 5056019, at *1 (S.D. 7 Dec: 6, 2010) (internal citation omitted). Thus, a court may deny IFP status to an |i applicant who can pay the filing fee with acceptable sacrifice to other expenses. Greene 9 Rodriguez, No. 3:07-cv-1888 W (BLM), 2008 WL 816797 (S.D., Cal. Mar. 24, 2008).

10 || Here, Plaintiff claims she is and has remained unemployed for the past twelve |}months. (Doc. No. 2 at 2-3.) Asa result, she has not received any wages or take- ||home pay during that time. Jd. Furthermore, Plaintiff claims not to possess any assets |laside from a bank account containing $250.00. /d. at 24/4. Plaintiff's affidavit reflects | |/she has monthly expenses of approximately $5,740.00. Jd. 46. This includes $2,100 for 15 rent, $990 for automobile payments, $1,000 for credit card bills, $600 for food, $250 for || utilities, and $800 for medications and miscellaneous expenses. Id. 17 The Court has examined the Plaintiff's affidavit and determined that she has not □ || provided sufficient information to establish an entitlement to IFP status. Plaintiff's 19 affidavit does not indicate if she owns community property with her husband.

20 || Considering the aforementioned, the Court is unable to determine if Plaintiff is entitled to 21 status.

22 || Therefore, the Motion to Proceed IFP is DENIED, and the action is DISMISSED |) without prejudice due to Plaintiff’s failure to satisfy the filing requirement. To have this 24 reopened, Plaintiff must, no later than December 6, 2019, pay the filing fee or file ||a new motion to proceed IFP. If Plaintiff decides to file a new motion to proceed IFP, || she should take care to fully and accurately inform the Court of her financial status. If || Petitioner does not pay the filing fee or submit a new motion, this action shall remain 28 closed without further Order of the Court. For Plaintiff's convenience, the Clerk of Cour 2 .

1 || shall attach to this Order a blank in forma pauperis application. .

IT IS SO ORDERED. .

3 Dated: November 2”. 2019 : 4 ‘HON: ‘RT. BENITE | _ _Onited States District Judge 7H i |} □□ □□

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