Manjarrez v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA IGNACIO M., Case No.: 23-cv-1926-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] KILOLO KIJAKAZI 15 Defendant.

17 Plaintiff’s Application to Proceed In Forma Pauperis (“IFP Application”) is before the Court. 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.

24 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 Here, plaintiff's IFP Application states that he earns only $150 per month from || “small jobs,” and he is currently being supported by his mother and sister. Doc. No. 2 at 5.

3 || Plaintiff's monthly living expenses appear to meet or exceed his income. /d. at 3-4.

4 || Therefore, the Court finds plaintiff has sufficiently shown he lacks the financial resources 5 pay the filing fee. Accordingly, the IFP Application is GRANTED.

6 Dated: October 20, 2023 Uy iia 7 Ms LM a g Hon. Karen S. Crawford 9 United States Magistrate Judge