Flores, Jr. v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA TOMAS F., JR., Case No.: 3:20-cv-2430-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] ANDREW M. SAUL, Commissioner of Social Security, Defendant.

17 On December 14, 2020, plaintiff Tomas F., Jr. 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 his Complaint in forma pauperis. Doc. No. 2.

21 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.”

25 United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted).

26 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I.

27 DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it / / ||shows that the applicant cannot pay the fee “and still be able to provide himself and || dependents with the necessities of life.” Jd. (internal quotations omitted).

3 Here, plaintiffs application states that he is unemployed and has limited income and ||assets. Plaintiff's sole income is $449.00 in monthly public assistance, and his only asset 5 a bank account which has a balance of $150.00. Doc. No. 2 at 2,5. Plaintiff's monthly || expenses, consisting of rent and food, are $420.00. Jd. at 4-5. Therefore, the Court finds 7 plaintiff has sufficiently shown he lacks the financial resources to pay the filing fee.

8 Accordingly, plaintiffs Application to Proceed with his Complaint in forma || pauperis |Doc. No. 2.] is GRANTED.

10 | IT IS SO ORDERED. ll ii iy Dated: December 15, 2020 02 po B Hon. Karen S. Crawford United States Magistrate Judge