Elder v. Commissioner of Social Security Administration

U.S. Court of Appeals for the Ninth Circuit
Elder v. Commissioner of Social Security Administration, 472 F. App'x 514 (9th Cir. 2012)

Elder v. Commissioner of Social Security Administration

Opinion

MEMORANDUM **

James Elder appeals pro se from the district court’s order denying his request to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987). We reverse and remand.

The district court did not have the benefit of full information regarding Elder’s financial situation. Based upon additional information submitted on appeal, we reverse the denial of Elder’s request to proceed in forma pauperis and remand for further proceedings. See Rowland v. Cal. Men’s Colony, 506 U.S. 194, 203, 113 S.Ct. 716, 121 L.Ed.2d 656 (1993) (an individual is indigent under 28 U.S.C. § 1915 if he is unable to pay fees and still provide the necessities of life for himself and any dependents).

Elder shall bear his own costs on appeal.

REVERSED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
James ELDER, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Off. of Dis. Adjud. & Review, Defendant-Appellee
Status
Unpublished