Gilbert v. Colvin

United States District Court for the Southern District of California

Gilbert v. Colvin

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DESHANGELA G., Case No.: 24CV2493-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] 14 MICHELLE KING, Acting Commissioner of Social Security,1 15 Defendant. 16

17

18 On December 31, 2024, plaintiff Deshangela G. commenced an action against the 19 Acting Commissioner of Social Security, seeking review of a final adverse decision of the 20 Acting Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed with her 21 Complaint in forma pauperis. Doc. No. 2. 22 A court may authorize the commencement of a suit without prepayment of fees if 23 the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 24 he or she is unable to pay the filing fee. See

28 U.S.C. § 1915

(a). The affidavit must “state 25 26

27 1 Michelle King became Acting Commissioner of Social Security on January 20, 2025, and, therefore, is 28 1 ||the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” 2 || United States v. McQuade,

647 F.2d 938, 940

(9th Cir. 1981) (internal quotations omitted). 3 ||A party need not be completely destitute to proceed in forma pauperis. Adkins v. EI. 4 || DuPont de Nemours & Co.,

335 U.S. 331, 339-340

(1948). An affidavit is sufficient if it 5 || shows that the applicant cannot pay the fee “and still be able to provide himself [or herself] 6 dependents with the necessities of life.” Jd. (internal quotations omitted). 7 Here, plaintiff's Application states that she is unemployed and has limited income 8 ||and assets. She receives $852 in monthly public assistance, comprised of $584 forGeneral 9 || Relief and $268 for CalFresh. Doc. No. 2, p. 2. She is homeless and has no assets. /d., pp. 10 }/3, 5. Although plaintiff lists no monthly expenses, her yearly income is below the federal 11 || poverty level.’ /d., p. 4. Therefore, the Court finds that plaintiff has sufficiently shown she 12 lacks the financial resources to pay her filing fee. Accordingly, 13 IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his 14 || Complaint in forma pauperis is GRANTED. Doc. No. 2. 15 16 || Dated: January 29, 2025 A iy i; ) 17 WU LA _———_ 18 Hori. Karen S. Crawford United States Magistrate Judge 19 20 21 22 23 24 25 26 || 27 ||? See https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (last visited Jan. 21, 3g || 2025) (listing the poverty level for a one-person household as $15,650). Plaintiff’s annual income is $10,224 in public assistance. See Dkt. No. 2 at 2.

Reference

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