Hamzey v. Kijakazi

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PAUL MICHAEL H., Case No.: 21cv1522-KSC

Plaintiff,

ORDER GRANTING APPLICATION

v. TO PROCEED IN FORMA

PAUPERIS [DOC. NO. 3]

KILOLO KIZAKAJI, Acting Commissioner of Social Security,

Defendant.

On August 27, plaintiff Paul Michael H. commenced an action against Kilolo Kizakaji, the Acting 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. 3.

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 applicant “‘need not be absolutely destitute’” to proceed in forma pauperis, but the affidavit must set forth with “‘some particularity’” facts showing the applicant “cannot pay the court costs and still afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citations omitted).

Here, plaintiff declares that he is unemployed, has no assets, and his sole income is $186.00 in food assistance. See Doc. No. 3 at 1-4. Plaintiff's monthly expenses total $186.00 for food, and he reports he otherwise “live[s| off family and friends.” Jd. at 4, 5. Based on the foregoing, the Court finds that plaintiff has shown he lacks the financial resources to pay the filing fee.

Accordingly, plaintiffs Application to Proceed with his Complaint in forma pauperis [Doc. No. 3] is GRANTED.

IT IS SO ORDERED.

Dated: September 1, 2021 Mtijpo.).

P ff a il Hon. Karen 8. Crawford

United States Magistrate Judge