Bumgardner v. Kijakazi

United States District Court for the Southern District of California

Bumgardner v. Kijakazi

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOLEEN J. B., Case No.: 20cv2505-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3.] 14 ANDREW M. SAUL, Commissioner of

Social Security, 15 Defendant. 16

17 18 On December 24, 2020, plaintiff Joleen J. B. commenced an action against 19 Andrew M. Saul, the Acting Commissioner of Social Security, seeking review of a final 20 adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 21 Proceed with her 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 24 that he or she is unable to pay the filing fee. See

28 U.S.C. § 1915

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

647 F.2d 938, 940

(9th Cir. 1981) (internal 27 quotations omitted). 28 / / / 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 DuPont de Nemours & Co.,

335 U.S. 331, 339-340

(1948). An affidavit is sufficient 3 ||if it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 ||herself] and dependents with the necessities of life.” Jd. (internal quotations omitted). 5 Here, plaintiff's application states that she is unemployed and has limited income 6 assets. [Doc. No. 3, at p. 1.] She receives aid in the amount of $300 and food stamps 7 the amount of $150 but does not have any assets. [Doc. No. 3, at pp. 2-3.] Plaintiff 8 || states that she lives with her family and pays rent in the amount of $200. [Doc. No. 3, at 9 || pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently shown she lacks the 10 || financial resources to pay her filing fee. Accordingly, 11 IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with her 12 ||Complaint in forma pauperis is GRANTED. [Doc. No. 3.] 13 ||Dated: February 5, 2021 Sb Ul / 14 Vit a 15 Hon. Karen S. Crawford United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown