Campagna v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA ANGELO NICOLO C., Case No.: 3:20-cv-01402-KSC 12 Plaintiff, ORDER GRANTING MOTION FOR v. LEAVE TO PROCEED IN FORMA PAUPERIS [Doc. No. 2] COMMISSIONER OF SOCIAL SECURITY, Defendant.

17 On July 22, 2020, plaintiff Angelo Nicolo C. commenced an action against 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. 2.] The Application is in the form of an affidavit. [Id.] 22 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).

28 / / 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). An affidavit is sufficient if ||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, plaintiffs affidavit states that he is unemployed, has no other sources of income, ||and no assets. [Doc. No. 2 at 1-2.] Plaintiff's affidavit further states he relies on friends 7 lodging and transportation. [Doc. No. 2 at 4.] Therefore, the Court finds that || plaintiff's affidavit sufficiently shows that he lacks the financial resources to pay his || filing fee.

10 Accordingly, plaintiff's Application to Proceed with his Complaint in forma || pauperis is hereby GRANTED. [Doc. No. 2.]

12 || IT ISSO ORDERED.

13 ||Dated: July 24, 2020 A iy ) 14 YUL LA ——— 15 Hori. Karen S. Crawford United States Magistrate Judge