Wells v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA SHYRITTA W., Case No.: 22cv1668-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] KILOLO KIJAKAZI, Commissioner of Social Security, Defendant.

On May 4, 2020, plaintiff Shyritta W. commenced an action against Kilolo Kijakazi, 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 In Forma Pauperis (“IFP Application”). 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. § 23 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– (1948). An affidavit is sufficient if 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.” Jd.

2 || (internal quotations omitted).

3 Here, plaintiff's application states plaintiff is unemployed and has limited income ||and assets. Doc. No. 3 at 1-2. Specifically, plaintiff receives $250 per month in public assistance, and $472 per month in “general relief.” Jd. at 2. Plaintiff’s monthly expenses, || which include food, transportation, and shelter, total $675. /d. at 4-5. Plaintiff further notes || “food stamps will be ceasing next month.” Jd. at 5. Because plaintiff can barely cover the ||costs of living under the status quo, and plaintiffs financial situation will only be getting || worse,, the Court finds plaintiff has shown good cause to proceed in forma pauperis.

10 || Accordingly, plaintiff's IFP Application is GRANTED.

11 Dated: October 26, 2022 Yy JA 13 Hori. Karen 8S. Crawford United States Magistrate Judge