Gonzales v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA VIRGINIA ESTELLE G., Case No.: 21-cv-00674-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] COMMISSIONER OF SOCIAL SECURITY, Defendant.

17 On April 15, 2021, plaintiff Virginia Estelle G. commenced an action against the 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.

21 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.”

25 United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted).

26 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I.

27 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 and || dependents with the necessities of life.” Jd. (internal quotations omitted).

3 Here, plaintiff's application states that she is unemployed and has limited income 4 assets. Plaintiff's sole income is $1,800.00 in unemployment payments and a one-time || federal stimulus payment of $1,200. Doc. No. 3 at 2. Her assets consist of approximately ||$400.00 in savings, a double-wide trailer home, and a 2004 Dodge Durango. Jd. at 3.

7 || Plaintiff reports that her monthly expenses for rent, utilities, transportation and credit card || payments total $1,856.00, which exceeds her monthly income. Jd. at 4-5. Therefore, the || Court finds that plaintiff has sufficiently shown she lacks the financial resources to pay the || filing fee.

11 Accordingly, plaintiff's Application to Proceed in forma pauperis [Doc. No. 3] 1s || GRANTED.

13 || IT IS SO ORDERED.

14 ||Dated: April 23, 2021 “tt Xj) 15 Miffce. A 16 Hon. Karen S. Crawford United States Magistrate Judge