Jenkins v. Commissioner of Social Security

W.D. Washington

Jenkins v. Commissioner of Social Security

District Court, W.D. Washington·Decided November 19, 2019·No. 3:19-cv-06091·Unknown

Opinion

UNITED STATES DISTRICT COURT AT TACOMA CHRISTOPHER M. JENKINS, Plaintiff, Case No. C19-6091 BHS v. ORDER GRANTING APPLICATION TO PROCEED IN SECURITY, Defendant. Plaintiff Christopher M. Jenkins applies to proceed in forma pauperis for an action seeking judicial review of the administration denying Plaintiff’s application for Social Security benefits. IFP Appl. (Dkt. # 1). For the reasons discussed below, the Court DENIES Plaintiff’s application to proceed in forma pauperis (Dkt. # 1). The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigence. See 28 U.S.C. § 1915(a). “To qualify for in forma pauperis status, a civil litigant must demonstrate both that the litigant is unable to pay court fees and that the claims he or she seeks to pursue are not frivolous.” Ogunsalu v. Nair, 117 F. App’x 522, 523 (9th Cir. 2004), cert. denied, 544 U.S. 1051 (2005). To meet the first prong of this test, a litigant must show that he “cannot because dependents with the necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (internal alterations omitted). Plaintiff has not shown that he is unable to pay the full filing fee to proceed with this lawsuit. Plaintiff reports that his spouse has a net monthly salary of $4,200.00 per month. IFP Appl. at 1. Plaintiff lists monthly expenses of $3,109.00. Id. at 2. This leaves nearly $900.00 per month. Although Plaintiff notes that he has outstanding debts, the monthly payments on these debts are included in his listed expenses. See id. Plaintiff has failed to demonstrate that he “cannot because of his poverty pay or give security for the costs and still be able to provide himself . . . with the necessities of life.” See Adkins, 335 U.S. at 339 (internal alterations omitted). Accordingly, the Court DENIES Plaintiff’s application to proceed in forma pauperis (Dkt. # 1) WITHOUT PREJUDICE. Plaintiff has 30 days from the date of this order to pay the full $400.00 filing fee or reapply to proceed in forma pauperis based upon changed circumstances. If the Court does not receive the filing fee or a new application within 30 days, the Court will dismiss this action WITHOUT PREJUDICE. DATED this 19th day of November, 2019.

A BENJAMIN H. SETTLE United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT AT TACOMA CHRISTOPHER M. JENKINS, Plaintiff, Case No. C19-6091 BHS v. ORDER GRANTING APPLICATION TO PROCEED IN SECURITY, Defendant. Plaintiff Christopher M. Jenkins applies to proceed in forma pauperis for an action seeking judicial review of the administration denying Plaintiff’s application for Social Security benefits. IFP Appl. (Dkt. # 1). For the reasons discussed below, the Court DENIES Plaintiff’s application to proceed in forma pauperis (Dkt. # 1). The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigence. See 28 U.S.C. § 1915(a). “To qualify for in forma pauperis status, a civil litigant must demonstrate both that the litigant is unable to pay court fees and that the claims he or she seeks to pursue are not frivolous.” Ogunsalu v. Nair, 117 F. App’x 522, 523 (9th Cir. 2004), cert. denied, 544 U.S. 1051 (2005). To meet the first prong of this test, a litigant must show that he “cannot because dependents with the necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (internal alterations omitted). Plaintiff has not shown that he is unable to pay the full filing fee to proceed with this lawsuit. Plaintiff reports that his spouse has a net monthly salary of $4,200.00 per month. IFP Appl. at 1. Plaintiff lists monthly expenses of $3,109.00. Id. at 2. This leaves nearly $900.00 per month. Although Plaintiff notes that he has outstanding debts, the monthly payments on these debts are included in his listed expenses. See id. Plaintiff has failed to demonstrate that he “cannot because of his poverty pay or give security for the costs and still be able to provide himself . . . with the necessities of life.” See Adkins, 335 U.S. at 339 (internal alterations omitted). Accordingly, the Court DENIES Plaintiff’s application to proceed in forma pauperis (Dkt. # 1) WITHOUT PREJUDICE. Plaintiff has 30 days from the date of this order to pay the full $400.00 filing fee or reapply to proceed in forma pauperis based upon changed circumstances. If the Court does not receive the filing fee or a new application within 30 days, the Court will dismiss this action WITHOUT PREJUDICE. DATED this 19th day of November, 2019.

A BENJAMIN H. SETTLE United States District Judge

Jenkins v. Commissioner of Social Security, (W.D. Wash. 2019).

Pincite

Jenkins v. Commissioner of Social Security (Jenkins v. Commissioner of Social Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related