Koengeter v. Saul

Opinion

NATHAN KOENGETER, Case No.: 19CV2228-KSC

Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] ANDREW SAUL, Commissioner of Social Security, Defendant.

On November 22, 2019, plaintiff Nathan Koengeter commenced an action against Andrew Saul, the Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed with his Complaint in forma pauperis. [Doc. No. 2.] The Application is in the form of an affidavit. [Id.] 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 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.” /d. (internal quotations omitted). Here, plaintiff's affidavit states that he is unemployed, has no income and limited /assets. His only assets are a savings account with a balance of $1,000 and a 2019 Nissan Sentra valued at $11,500 that he shares with his spouse. [Doc. No. 3, pp. 2-3.] He has a 6 year old son. [/d., p. 3.] The only income for the household is from his spouse’s job, who expected to earn $4,580.00 this month. [/d., pp. 1-2.] Monthly expenses for the household total $6,156.00. [/d., pp. 4-5.] Therefore, the Court finds that plaintiff has }submitted an affidavit which sufficiently shows he lacks the financial resources to pay his filing fee. Accordingly, IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED. [Doc. No. 2.] Dated: January 6, 2020 Jl. Ke

Hori. Karen 8S. Crawford United States Magistrate Judge