Villalobos v. Kijakazi

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ROSA MARIA V., Case No.: 21-CV-0012-DEB Plaintiff,

ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA

PAUPERIS

ANDREW M. SAUL, Commissioner of

Social Security, [DKT. NO. 2]

Defendant.

On January 5, 2021, Plaintiff Rosa Maria V. commenced an action against Andrew M. Saul, the Acting Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. Dkt. No. 1. Plaintiff also filed an Application to Proceed with her Complaint in forma pauperis. Dkt. 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). A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. 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 [or herself] and dependents with the necessities of life.” Jd. (internal quotations omitted). Plaintiff is unemployed and has limited income and assets. She receives $194.00 per month in food stamps. Dkt. No. 2, at 2. Her only asset is a 1997 Honda Civic LX that was gifted to her. /d. at 3. Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the financial resources to pay her filing fee and GRANTS her Application Proceed with her Complaint in forma pauperis.

IT IS SO ORDERED.

Dated: January 5, 2021 — ‘ a wahoo ll Daniel E. Butcher

United States Magistrate Judge