Tucker v. Saul

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA KATHY JEAN T., Case No.: 20cv1090-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS ANDREW M. SAUL, Commissioner of Social Security, 15 [Doc. No. 2.]

Defendant.

On June 15, 2020, plaintiff Kathy Jean T. commenced an action against Andrew M. 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 her Complaint in forma pauperis. [Doc. No. 2.]

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. 2 DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit 1s 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, plaintiff's application states that she is not employed, and her only income is ||$197.00 in food stamps. [Doc. No. 2, pp. 1-2.] Her only asset is a 2007 Dodge Charger |}automobile. [Jd., pp. 2-3.] Her monthly expenses include $197.00 for food and $65.00 in || vehicle expenses. [/d., pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently || shown she lacks the financial resources to pay her filing fee. Accordingly, 10 IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with his ||Complaint in forma pauperis is GRANTED. [Doc. No. 2.]

12 ||Dated: June 29, 2020 4h Ui 13 Mie» —__z_Z_Z=_ 14 Hon. Karen S. Crawford United States Magistrate Judge