1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROSA MARIA V., Case No.: 21-CV-0012-DEB

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 ANDREW M. SAUL, Commissioner of

Social Security, 15 [DKT. NO. 2] Defendant. 16

17 18 On January 5, 2021, Plaintiff Rosa Maria V. commenced an action against Andrew 19 M. Saul, the Acting Commissioner of Social Security, seeking review of a final adverse 20 decision of the Commissioner. Dkt. No. 1. Plaintiff also filed an Application to Proceed 21 with her Complaint in forma pauperis. Dkt. No. 2. 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

(a). The affidavit must “state 25 the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” 26 United States v. McQuade,

(9th Cir. 1981) (internal quotations omitted). 27 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. 28 DuPont de Nemours & Co.,

, 339–340 (1948). An affidavit is sufficient if it 1 || shows that the applicant cannot pay the fee “and still be able to provide himself [or herself] 2 ||and dependents with the necessities of life.” Jd. (internal quotations omitted). 3 Plaintiff is unemployed and has limited income and assets. She receives $194.00 per 4 ||month in food stamps. Dkt. No. 2, at 2. Her only asset is a 1997 Honda Civic LX that was 5 || gifted to her. /d. at 3. Based on the foregoing, the Court finds Plaintiff has sufficiently 6 shown she lacks the financial resources to pay her filing fee and GRANTS her Application 7 Proceed with her Complaint in forma pauperis. 8 IT IS SO ORDERED. 9 Dated: January 5, 2021 — ‘ 10 | a wahoo ll Daniel E. Butcher United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28