Wood v. Commissioner of Social Security

United States District Court for the Southern District of California

Wood v. Commissioner of Social Security

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DOUG W., Case No.: 24-cv-2382-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] 14 COMMISSIONER OF SOCIAL SECURITY 15 Defendant. 16

17 Plaintiff’s Application to Proceed In Forma Pauperis (“IFP Application”) is before 18 the Court. A court may authorize the commencement of a suit without prepayment of fees 19 if the plaintiff submits an affidavit, including a statement of all his or her assets, showing 20 that he or she is unable to pay the filing fee. See

28 U.S.C. § 1915

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

647 F.2d 938, 940

(9th Cir. 1981) (internal 23 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 25 sufficient if it shows that the applicant cannot pay the fee “and still be able to provide 26 himself [or herself] and dependents with the necessities of life.”

Id.

(internal quotations 27 omitted). 28 1 Here, plaintiff's IFP Application states that has about $2100 per month in funds to 2 || cover his living expenses, which in turn appear to meet or exceed his discretionary income. 3 || Doc. No. 4. The Court finds plaintiff has sufficiently shown he lacks the financial resources 4 pay the filing fee. Accordingly, the IFP Application is GRANTED. 5 ||Dated: December 18, 2024 4d li. 6 Ms Lie a 7 Hon. Karen S. Crawford United States Magistrate Judge

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Reference

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