Aguilar v. Kijakazi

Opinion

FRANCISCO A., Case No.: 3:20-cv-01768-KSC

Plaintiff, ORDER GRANTING MOTION FOR v. LEAVE TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] ANDREW M. SAUL, Commissioner of Social Security, Defendant.

On September 9, 2020, plaintiff Francisco A. commenced an action against Andrew M. Saul, Commissioner of the Social Security Administration, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed Motion for Leave to Proceed in forma pauperis. [Doc. No. 2.] 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). A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that he or she 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). 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.” Jd. (internal quotations omitted). Here, plaintiff states in his affidavit that he is unemployed and has limited income assets. Plaintiff’s monthly income is $666, consisting of public assistance and food stamps. [Doc. No. 2 at 2.] He has no assets and he, his wife and his dependent daughter are homeless. [/d. at 3, 5.] Plaintiff's monthly expenses, which include food, laundry, transportation, pet food, and occasional hotel rooms, total $666. [/d., pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently shown he lacks the financial resources to pay his filing fee. Accordingly, IT IS HEREBY ORDERED THAT plaintiff's Motion for Leave to Proceed in forma pauperis is GRANTED. [Doc. No. 2.] Dated: September 10, 2020 Jt Wl ; ~)) Mie» —__z_Z_Z=_ Hon. Karen S. Crawford United States Magistrate Judge