1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSEPH S., Case No.: 22cv1176-MDD

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. MOTION TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Acting

Commissioner of Social Security, 15 [ECF No. 2] Defendant. 16 17 On August 11, 2022, Joseph S. (“Plaintiff”) filed this Social Security 18 appeal pursuant to Section 205(g) of the Social Security Act,

405(g), challenging the denial of Plaintiff’s application for Supplemental 20 Security Income benefits under the Social Security Act and

1383(c)(3). (ECF No. 1). Plaintiff simultaneously filed a motion to proceed in 22 forma pauperis (“IFP”). (ECF No. 2). For the reasons set forth herein, the 23 Court GRANTS Plaintiff’s motion to proceed IFP. 24 All parties instituting any civil action, suit, or proceeding in a district 25 court of the United States, except an application for writ of habeas corpus, 26 1 must pay a filing fee of $400.1 See

(a). An action may 2 proceed despite plaintiff’s failure to prepay the entire fee only if the plaintiff 3 is granted leave to proceed IFP pursuant to

(a). See 4 Rodriguez v. Cook,

(9th Cir. 1999). “To proceed [IFP] is a 5 privilege not a right.” Smart v. Heinze,

(9th Cir. 1965). A 6 party need not be completely destitute to proceed IFP. Adkins v. E.I. DuPont 7 de Nemours & Co.,

(1948). 8 Here, Plaintiff’s affidavit sufficiently shows he is unable to pay the fees 9 or post securities required to maintain this action. Plaintiff has had no 10 employment for at least the past two years and has $1.89 in a checking 11 account. (ECF No. 2 at 2). He has no assets. (Id. at 3). Plaintiff’s only 12 monthly income is $250.00 from food stamps. (Id. at 1-2). 13 Plaintiff declares that his monthly expenses for food amount to $250.00. 14 (Id. at 4-5). Plaintiff states that his “friend and caregiver” pays for their rent, 15 phone bills, and laundry expenses using Supplemental Security Income 16 checks. (ECF 2-1 at 1-2). Plaintiff has no income to spend on bills, clothes, or 17 extra provisions. (Id. at 2). 18 Plaintiff’s affidavit sufficiently demonstrates an inability to pay the 19 required filing fee without sacrificing the necessities of life. See Adkins, 335 20 U.S. at 339-40. Accordingly, the Court GRANTS Plaintiff’s motion to 21 proceed IFP. Additionally, the Court has reviewed Plaintiff’s complaint and 22 concludes it is not subject to sua sponte dismissal under

1915(e)(2)(B). 24 25 1 In addition to the $350.00 statutory fee, civil litigants must pay an additional 26 administrative fee of $52.00. See

(b) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). The additional $52.00 1 IT IS SO ORDERED. Dated: August 18, 2022 Vitel bs. [ Hon. Mitchell D. Dembin 4 United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27