Cervantes v. O'Malley

Opinion

JACQUELINE C. on behalf of JL, a Case No.: 24-cv-1032-KSC minor, ORDER GRANTING APPLICATION Plaintiff, v. PAUPERIS [DOC. NO. 6] MARTIN O’MALLEY, Commissioner of Social Security, Defendant.

Plaintiff filed an Application to Proceed in forma pauperis. Doc. No. 6. 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 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.” Id. (internal quotations omitted). Here, plaintiff's application is supported by a declaration that plaintiff’s monthly expenses significantly exceed any income available to pay those expenses. The Court finds paying the filing fee would impose a hardship on plaintiff. IT IS HEREBY ORDERED THAT plaintiffs Application is GRANTED. Dated: June 25, 2024 1 Wi Ms Lie a Hon. Karen S. Crawford United States Magistrate Judge