Gonzales v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

VIRGINIA ESTELLE G., Case No.: 21-cv-00674-KSC Plaintiff,

ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA

PAUPERIS [DOC. NO. 3]

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

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.

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 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. 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. 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.

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

IT IS SO ORDERED.

Dated: April 23, 2021 “tt Xj)

Miffce. A

Hon. Karen S. Crawford United States Magistrate Judge