Ellis-Sanders v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA OUDREE SAMAIYAH E., Case No.: 23-cv-1655-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 [DKT. NO. 4] Defendant.

Before the Court is plaintiff Oudree Samaiyah E.’s Application to Proceed In Forma Pauperis. Dkt. No. 4. For the reasons set forth below, the Court GRANTS the Application.

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).

A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I.

DuPont de Nemours & Co., 335 U.S. 331, 339–340 (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.” Id. (internal quotations omitted).

1 Plaintiff is unemployed and has limited income and assets. Doc. No. 4. She is a ||single parent and she receives no support from family or friends. Id. at 5. She receives || public assistance benefits of approximately $707.00 per month, and $452.00 per month in 4 stamps. Jd. at 2. Plaintiff also receives $262.00 per month in child support. Id. || Plaintiff’s only asset is a 2009 Mitsubishi worth $1500.00. Jd. at 3. She has no savings or ||checking account. /d. Plaintiff's monthly expenses total $1,422.00, including utilities, clothing, laundry, transportation, car insurance, and other miscellaneous items. /d. at 4.

8 The Court finds paying the filing fee would impose a hardship on plaintiff. IT IS ||) HEREBY ORDERED THAT plaintiff's Application is GRANTED.

10 ||Dated: September 20, 2023 Jl. Ke D Hort. Karen S. Crawford United States Magistrate Judge