Bumgardner v. Kijakazi

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

JOLEEN J. B., Case No.: 20cv2505-KSC

Plaintiff,

ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA

PAUPERIS [DOC. NO. 3.]

ANDREW M. SAUL, Commissioner of

Social Security,

Defendant.

On December 24, 2020, plaintiff Joleen J. B. commenced an action against Andrew M. Saul, 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 her 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 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. 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). Here, plaintiff's application states that she is unemployed and has limited income assets. [Doc. No. 3, at p. 1.] She receives aid in the amount of $300 and food stamps the amount of $150 but does not have any assets. [Doc. No. 3, at pp. 2-3.] Plaintiff states that she lives with her family and pays rent in the amount of $200. [Doc. No. 3, at pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently shown she lacks the financial resources to pay her filing fee. Accordingly,

IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with her Complaint in forma pauperis is GRANTED. [Doc. No. 3.]

Dated: February 5, 2021 Sb Ul /

Vit a

Hon. Karen S. Crawford United States Magistrate Judge