McClure v. Kijakazi

Opinion

1 2 3 6 MUANG M., 7 Case No. 20-cv-09200-JSC Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 REGARDING PLAINTIFF’S IN 10 ANDREW M. SAUL, FORMA PAUPERIS APPLICATION Defendant. Re: Dkt. No. 2 11 12

13 Plaintiff's Application to Proceed In Forma Pauperis (“IFP”) is now pending before the 14 Court. (Dkt. No. 2.) “An affidavit in support of an IFP application is sufficient where it alleges

3 15 || that the affiant cannot pay the court costs and still afford the necessities of life.” Escobedo v.

5 16 || Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). Here, Plaintiffs affidavit indicates that Plaintiff

5 17 || tTeceives $1,700 a month in rental income and her husband’s gross monthly income is over $9,000 18 ($5,617.68 net). Ud. at 2.) Plaintiff and her husband also own their own home, have over $7,000 19 in their bank account, and their monthly income exceeds their listed monthly expenses by over 20 $2,500. (Ud. at 3.) As Plaintiff’s IFP does not indicate that she cannot afford to pay the court costs, she is ORDERED TO SHOW CAUSE as to why the application should not be denied. See

Escobedo, 787 F.3d at 1234 (“a plaintiff seeking IFP status must allege poverty ‘with some particularity, definiteness and certainty.’”) (internal citation omitted). Plaintiff shall show cause in 23 writing by January 7, 2021. Alternatively, Plaintiff may pay the filing fee. 24 IT IS SO ORDERED. 25 Dated: December 21, 2020 26 ne 27 JACQUELWE SCOTT CORLEY United States Magistrate Judge