Blackhall v. Kijakazi

Opinion

BARBARA B., Case No.: 20-cv-1931-DEB

Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS ANDREW SAUL, Commissioner of

Social Security, [DKT. NO. 2] Defendant.

Before the Court is Plaintiff Barbara B.’s Application to Proceed in forma pauperis. Dkt. No. 2. A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all her assets, showing 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 the applicant cannot pay the fee “and still be able to provide himself [or herself] and dependents with the necessities of life.” Id. (internal quotations omitted). Here, Plaintiff’s application states she is unemployed, has limited assets, and a $870.00 average monthly income from retirement. Dkt. No. 2 at 2. Plaintiff’s only assets are checking and saving accounts with a combined balance of $893.92, and a 2001 Chrysler Cruiser. /d. at 2-3. Plaintiff's monthly expenses average $785 and include rent, gas, vehicle insurance, and recreation. Jd. at 4-5. Based on the foregoing, the Court finds Plaintiff has sufficiently shown that she lacks the financial resources to pay her filing fee. Accordingly, Plaintiff's Application to Proceed with her Complaint in forma pauperis is GRANTED. Dated: October 1, 2020 □ Daud Teron, Honorable Daniel E. Butcher United States Magistrate Judge