Chapman v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TERESA M. C., Case No.: 23-cv-01588-DEB

12 Plaintiff, ORDER GRANTING 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL

SECURITY, 15 Defendant. [DKT. NO. 2] 16

17 Before the Court is Plaintiff Teresa M. C.’s Application to Proceed with her 18 Complaint in forma pauperis (“IFP”). Dkt. No. 2. 19 A court may authorize the commencement of a suit without prepayment of fees if 20 the plaintiff submits an affidavit, including a statement of all her assets, showing she is 21 unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as 22 to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States 23 v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). An affidavit 24 is sufficient if it shows the applicant cannot pay the fee “and still be able to provide himself 25 [or herself] and dependents with the necessities of life.” Rowland v. California Men’s 26 Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations 27 omitted). 28 1 Plaintiff is challenging the denial of her application for Social Security Supplemental 2 ||Security Income benefits and Disability Benefits. Dkt. No. 1. Plaintiff is unemployed and 3 no checking or savings account. Dkt. No. 2 at 2. Plaintiff otherwise has limited income 4 || and assets. /d. Her application states she receives $1969 per month in adoption assistance 5 $1613 monthly for foster care. Jd. at 1-2. Plaintiff lists a 2005 Dodge Durango as her 6 |/only asset. Jd. at 3. Plaintiff's monthly expenses total $3206. /d. at 4. After Plaintiff’s total 7 ||}expenses, she has approximately $376.00 remaining for any additional expenses she, her 8 || child, or foster child incur. 9 Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the 10 || financial resources to pay for her filing fee. The Court, therefore, GRANTS Plaintiff’ s IFP 11 || Application. 12 IT IS SO ORDERED. 13 14 || Dated: October 5, 2023 Sudo WA, Honorable Daniel E. Butcher 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28