Allen v. Saul

Opinion

KAREN ALLEN, Case No.: 19CV1464-KSC

Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] ANDREW H. SAUL, Commissioner of Social Security, Defendant.

On August 5, 2019, plaintiff Karen Allen commenced an action against Andrew H. Saul, the Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed with her Complaint in forma pauperis. [Doc. No. 3.] The Application is in the form of an affidavit. [Id.] 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). 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). An affidavit is sufficient 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.” /d. (internal quotations omitted). Here, plaintiff's affidavit states that she is unemployed and has limited income and assets. Her only income is public-assistance which, including food stamps, totals $569 per month. [Doc. No. 3, pp. 2 and 9.] Her only asset is $40 in cash. [/d., pp. 2-3 and 9- 10.] Her monthly expenses total $255, which includes food ($192) and a cellular phone bill ($63). [/d., pp. 4-5, 7 and 9-10.] Therefore, the Court finds that plaintiff has submitted an affidavit which sufficiently shows that she lacks the financial resources to pay her filing fee. Accordingly, IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED. [Doc. No. 3.] Dated: August 14, 2019 Jl. Ke

Hori. Karen 8S. Crawford United States Magistrate Judge