1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICARDO L., Case No.: 23-cv-2030-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16

17 Plaintiff filed an Application to Proceed In Forma Pauperis. Doc. No. 3. A court may 18 authorize the commencement of a suit without prepayment of fees if the plaintiff submits 19 an affidavit, including a statement of plaintiff’s assets, showing plaintiff is unable to pay 20 the filing fee. See

(a). The affidavit must “state the facts as to [the] 21 affiant's poverty with some particularity, definiteness and certainty.” United States v. 22 McQuade,

(9th Cir. 1981) (internal quotations omitted). 23 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 24 E.I. DuPont de Nemours & Co.,

, 339–340 (1948). An affidavit is sufficient 25 if it shows that the applicant cannot pay the fee “and still be able to provide himself [or 26 herself] and dependents with the necessities of life.”

(internal quotations omitted). 27 28 1 Here, plaintiff's application is supported by a declaration showing essentially no 2 ||income or assets beyond public assistance sufficient to provide food. The Court finds 3 ||paying the filing fee would impose a hardship on plaintiff. Plaintiff's Application is 4 || therefore GRANTED. 5 || Dated: November 3, 2023 li. 6 Ms Lie a 7 Hon. Karen S. Crawford United States Magistrate Judge

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