Scholes v. O'Malley

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI‘I MICKEY SCHOLES, Case No. 24-cv-00029-DKW-KJM Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN vs. DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS1 MARTIN O’MALLEY, Commissioner of Social Security Administration, Defendant.

Plaintiff Mickey Scholes moves to proceed in forma pauperis in this action seeking judicial review of a decision by the Social Security Administration (“IFP Application”). Dkt. Nos. 1 & 2.

Pursuant to 28 U.S.C. § 1915(a)(1), federal courts may authorize the commencement of suit without prepayment of fees or securities by a person who submits an affidavit demonstrating the inability to pay. Although Section 1915(a) does not require an IFP applicant to demonstrate absolute destitution, Adkins v. E.I.

DuPont de Nemours & Co., 335 U.S. 331, 339 (1948), he must nevertheless “allege poverty with some particularity, definiteness, and certainty.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (quotation marks and citations omitted). The affidavit is sufficient where it alleges that the applicant “cannot pay 1Pursuant to Local Rule 7.1(d), the Court elects to decide this matter without a hearing. the court costs and still afford the necessities of life.” Id. (citing Adkins, 335 U.S. at 339); see 28 U.S.C. § 1915(a)(1).

Here, Scholes has met the requirements of Section 1915(a). In his IFP Application, Scholes explains that he receives no monthly income other than $469 in general assistance payments and $480 in food stamps. Dkt. No. 2 at 1. He further has only $20 in cash or in a checking or savings account, and no other items of value. Id. at 2. His monthly expenses include $300 for rent and expenses and $45 for his phone. Id. Finally, he owes repayment on both his general assistance payments and on a $400 personal loan. Id. In light of these figures, Scholes’ income falls below the poverty threshold identified by the Department of Health and Human Services’ (“HHS”) 2024 Guidelines for Hawaiʻi. See HHS Poverty Guidelines, available at: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines. The Court accordingly finds that Scholes lacks sufficient income or assets to pay the $405 filing fee while still affording the necessities of life. See Escobedo, 787 F.3d at 1234-36. Scholes’ IFP Application, Dkt. No. 2, is therefore GRANTED.’

IT IS SO ORDERED.

DATED: January 23, 2024 at Honolulu, Hawai‘1.

dot Derrick K. Watson Ran i LS Chief United States District Judge Mickey Scholes v. Martin O’Malley; Civil No. 24-00029 DK W-KJM; ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS of the Supplemental Rules for Social Security Actions provides that plaintiffs are not required to serve summons and complaints in actions for review of social security decisions. See Fed. R. Civ. P. Supp. Soc. Sec. R. 3. Accordingly, it is unnecessary for the Court to direct service of Scholes’ Complaint. _3-