Stahl v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA LAUREN S., Case No.: 23-cv-370-MMA (DEB) 12 Plaintiff, ORDER DENYING MOTION TO v. PROCEED IN FORMA PAUPERIS KILOLO KIJAKAZI, Commissioner of Social Security, [Doc. No. 3] Defendant.

20 Pending before the Court is Plaintiff Lauren S.’s Application to Proceed In Forma Pauperis. Doc. No. 3. For the reasons set forth below, the Court DENIES Plaintiff’s Application.

23 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 inability 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.”

27 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. □□□ 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 [or herself] and dependents with the necessities of life.” /d. (internal quotations || omitted).

5 Plaintiffs is unemployed and receives a monthly income of $250 from public- |/assistance. See Doc. No. 3 at 2. Plaintiff has $0 in cash and no checking or savings |;accounts. /d. at 2. Plaintiff has no assets. /d. at 3. Plaintiff also has no monthly ||expenses. /d. at 4-5. Plaintiffs lack of expenses suggests Plaintiff may have the ability 9 pay the required filing fee.

10 Based on the foregoing, the Court cannot find Plaintiff is entitled to in forma || pauperis status. The Court therefore DENIES WITHOUT PREJUDICE Plaintiff's || Application. The Court ORDERS Plaintiff to pay the requisite fee within 30 days of the || date of this Order or her case may be dismissed.

14 IT IS SO ORDERED.

15 Dated: March 22, 2023 16 WMaitel Wu - Lighter 17 HON. MICHAEL M. ANELLO 18 United States District Judge