Giffin v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA STEVEN G., Case No.: 21cv1691-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 4.]

14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

On September 29, 2021, plaintiff Steven G. commenced an action against Kilolo Kijakazi, 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 the Complaint in forma pauperis. [Doc. No. 4.]

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). / / / l 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 adequate 3 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.” /d. (internal quotations omitted).

5 Here, plaintiff's Application indicates he is unemployed, and his only income is $194 in food stamps. He does not have any assets. [Doc. No. 4, pp. 1-5.] Therefore, the || Court finds that plaintiff has sufficiently shown he lacks the financial resources to pay the || filing fee. Accordingly, 9 IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his 10 Complaint in forma pauperis is GRANTED. [Doc. No. 4.]

11 ||Dated: October 25, 2021 Sb Ul / 12 WM a B Hon. Karen S. Crawford United States Magistrate Judge