1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TINA DAHL, Case No.: 22-cv-414-BGS

12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. LEAVE TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Commissioner of

Social Security, 15 [ECF No. 3] Defendant. 16 17 18 19 On March 22, 2022, Plaintiff Tina Dahl filed a Complaint seeking judicial review of 20 a decision by the Commissioner of Social Security denying disability benefits. (ECF No. 21 1.) Plaintiff has not paid the civil filing fee required to commence this action. Before this 22 Court is a Motion to Proceed In Forma Pauperis (“IFP”) filed by Plaintiff. (ECF No. 3.) 23 All parties instituting any civil action, suit, or proceeding in a district court of the 24 United States, except an application for a writ of habeas corpus, must pay a filing fee. 28

(a); see

(a) (requiring a party instituting a civil action to 26 pay a filing fee of $350 as well as a $50 administrative fee). An action may proceed despite 27 a plaintiff’s failure to prepay the entire fee only if the Court grants leave to proceed IFP 28 pursuant to

(a), which states: 1 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without 2 prepayment of fees or security therefor, by a person who submits an affidavit 3 that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor. 4

5

(a)(1). The determination of indigency falls within the district 6 court’s discretion. California Men’s Colony v. Rowland,

(9th Cir. 1991), 7 reversed on other grounds by,

(1993). A party need not “be absolutely 8 destitute” to proceed IFP. Adkins v. E.I. DuPont de Nemours & Co.,

, 339 9 (1948). “Nonetheless, a plaintiff seeking IFP status must allege poverty ‘with some 10 particularity, definiteness, and certainty.’” Escobedo v. Applebees,

, 1234 11 (9th Cir. 2015) (citing United States v. McQuade,

(9th Cir. 1981). “An 12 affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot 13 pay the court costs and still afford the necessitates of life.”

“But, the same even-handed 14 care must be employed to assure that federal funds are not squandered to underwrite, at 15 public expense, either frivolous claims or the remonstrances of a suitor who is financially 16 able, in whole or in part, to pull his own oar.” Temple v. Ellerthorp,

, 850 17 (D. R.I.) 18 Based on the information provided (ECF 3), the Court finds that Plaintiff is unable 19 to pay the required filing fee. See, e.g., Jefferson, 277 F.2d at 725 (“One need not be 20 absolutely destitute to obtain [the] benefits of the in forma pauperis statute.”); Escobedo v. 21 Applebees,

(9th Cir. 2015) (noting “there is no formula set forth by 22 statute, regulation, or case law to determine when someone is poor enough to earn IFP 23 status,” but, “[w]hatever the standard, $350 is a lot of money to many millions of 24 Americans”). The IFP application indicates Plaintiff has no sources of income other than 25 food stamps and a minimal amount paid on Plaintiff’s behalf toward housing costs by a 26 boyfriend. Given the lack of any sources of income with which to pay the filing fee, the 27 Court GRANTS Plaintiff’s Motion to Proceed IFP (ECF No. 3). 28 /// 1 In light of the Court’s ruling on the IFP motion, IT IS FURTHER ORDERED: 2 1. The United States Marshal shall serve a copy of the Complaint filed on August 3 2021 and an accompanying summons upon Defendant as directed by Plaintiff on U.S. 4 || Marshal Form 285. All costs of service shall be advanced by the United States. 5 2. Plaintiff shall serve upon Defendant, or, if appearance has been entered by 6 ||counsel, upon Defendant’s counsel, a copy of every further pleading or document 7 ||submitted for consideration of the Court. Plaintiff shall include with the original paper to 8 filed with the Clerk of Court a certificate stating the manner in which a true and correct 9 of any document was served on Defendant or Defendant’s counsel and the date of 10 ||service. Any paper received by a District Judge or Magistrate Judge that has not been filed 11 || with the Clerk or that fails to include a Certificate of Service will be disregarded. 12 ||Dated: April 18, 2022 p / / 13 on. Bernard G. Skomal 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28