Hamzey v. Kijakazi

United States District Court for the Southern District of California

Hamzey v. Kijakazi

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PAUL MICHAEL H., Case No.: 21cv1522-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] 14 KILOLO KIZAKAJI, Acting Commissioner of Social Security, 15 Defendant. 16

17 18 On August 27, plaintiff Paul Michael H. commenced an action against Kilolo 19 Kizakaji, the Acting Commissioner of Social Security, seeking review of a final adverse 20 decision of the Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed 21 with his Complaint in forma pauperis. Doc. No. 3. 22 A court may authorize the commencement of a suit without prepayment of fees if 23 the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 24 he or she is unable to pay the filing fee. See

28 U.S.C. § 1915

(a). The applicant “‘need 25 not be absolutely destitute’” to proceed in forma pauperis, but the affidavit must set forth 26 with “‘some particularity’” facts showing the applicant “cannot pay the court costs and still 27 afford the necessities of life.” Escobedo v. Applebees,

787 F.3d 1226, 1234

(9th Cir. 2015) 28 (citations omitted). 1 Here, plaintiff declares that he is unemployed, has no assets, and his sole income is 2 ||$186.00 in food assistance. See Doc. No. 3 at 1-4. Plaintiff's monthly expenses total 3 ||$186.00 for food, and he reports he otherwise “live[s| off family and friends.” Jd. at 4, 5. 4 ||Based on the foregoing, the Court finds that plaintiff has shown he lacks the financial 5 ||resources to pay the filing fee. 6 Accordingly, plaintiffs Application to Proceed with his Complaint in forma 7 || pauperis [Doc. No. 3] is GRANTED. 8 || IT IS SO ORDERED. 9 ||Dated: September 1, 2021 Mtijpo.). P ff a il Hon. Karen 8. Crawford United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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