Shotorbani v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA SHERREL S., Case No.: 23-cv-2174-KSC 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

Plaintiff filed an Application to Proceed In Forma Pauperis. Doc. No. 2. A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of plaintiff’s assets, showing plaintiff 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 Here, plaintiff's application is supported by a declaration showing essentially no ||income or assets beyond public assistance sufficient to provide food. The Court finds ||paying the filing fee would impose a hardship on plaintiff. Plaintiff's Application is || therefore GRANTED.

5 || Dated: November 29, 2023 li.

6 Ms Lie a 7 Hon. Karen S. Crawford United States Magistrate Judge