Eastman v. Saul

Opinion

MARK EASTMAN, Case No.: 21cv655-GPC(KSC)

Plaintiff, ORDER DENYING PLAINTIFF’S v. MOTION TO PROCEED IN FORMA PAUPERIS ANDREW SAUL, Commissioner of

Social Security, [Dkt. No. 2.] Defendant.

On April 14, 2021, Plaintiff Mark Eastman (“Plaintiff”), with counsel, filed a Complaint seeking review of the Commissioner’s decision denying his application for disability insurance benefits and supplemental security income. (Dkt. No. 1.) Plaintiff also concurrently filed a motion to proceed in forma pauperis (“IFP”). (Dkt. No. 2.) All proceedings filed with the District Court require a filing fee unless the Court grants IFP status, waiving the fee of $402. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999); see 28 U.S.C. § 1914(a).1 Under 28 U.S.C. § 1915(a), the Court may waive

1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $52. the filing fee if a party demonstrates an inability to pay by submitting an affidavit reporting all assets of the individual. 28 U.S.C. § 1915(a). The plaintiff must submit an affidavit demonstrating his inability to pay the filing fee, and the affidavit must include a complete statement of the plaintiff's assets. 28 U.S.C. § 1915(a)(1). The facts as to the affiant's poverty must be stated “with some particularity, definiteness, and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). Here, Plaintiff submitted a declaration reporting that he is not presently employed and that he has not worked since March 2020. (Dkt. No. 2 at 2.) He receives $732 per month in disability and receives $10,000 per month on average in an Options Trading Account. (/d.) He has a checking account with a reported balance of $200. (/d.) He }owns a 2005 Infiniti G35 vehicle. (/d. at 3.) He has three children, aged 18, 16 and 14 that are dependent on him. (/d.) He claims a total of $655 in month living expenses which results in a significant surplus per month. (/d.) Due to Plaintiff's monthly surplus income, the Court DENIES Plaintiff's motion to proceed IFP. Dated: May 27, 2021 72 □ V7 Hon. athe Cae United States District Judge

(eff. Dec. 1, 2020). The additional $52 administrative fee does not apply to persons granted leave to 3g || proceed IFP. Id.