Reynolds v. Commissioner of Social Security

Opinion

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 CAREY L. REYNOLDS, CASE NO. 2:24-cv-01546-DGE 11 Plaintiff, ORDER ON MOTION TO 12 v. PROCEED IN FORMA PAUPERIS (DKT. NO. 1) 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant. 15 16 This matter comes before the Court on Plaintiff Carey Reynolds’ motion for leave to 17 proceed in forma pauperis (Dkt. No. 1.) Pursuant to 28 U.S.C. § 1915(a), the Court may permit 18 an indigent litigant to proceed in forma pauperis if the litigant submits an affidavit that declares 19 all assets, the nature of the action, and an entitlement to redress. “[A]n an affidavit is sufficient 20 which states that one cannot because of his poverty pay or give security for the costs ... and still 21 be able to provide himself and dependents with the necessities of life.” Rowland v. California 22 Men’s Colony, Unit II Men's Advisory Council, 506 U.S. 194, 203 (1993) (quoting Adkins v. E.I. 23 DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (internal quotation marks removed). “This 24 1 generally includes incarcerated individuals with no assets and persons who are unemployed and 2 dependent on government assistance.” Portillo v. US Citizenship & Immigr. Servs., No. C21- 3 5312BHS, 2021 WL 3015201, *1 (W.D. Wash. June 2, 2021). A court should “deny leave to 4 proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that 5 the action is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368,

6 1369 (9th Cir. 1987). 7 Plaintiff’s affidavit establishes her indigency. She is not employed and has been 8 dependent on disability assistance for the last four years. (Dkt. No. 1 at 1.) Plaintiff does not 9 have sufficient assets to pay the filing fee. (Dkt. No. 1 at 2.) The action, an appeal of the 10 Commissioner of the Social Security Administration’s denial of Plaintiff’s application for 11 Supplemental Security Income, is not frivolous or clearly without merit. See Tripati 821 F.2d at 12 1369. Plaintiff declares that she has exhausted all administrative remedies and is properly 13 appealing a final administrative decision under Title XVI of the Social Security Act. (Dkt. No. 14 1-1 at 2.)

15 Accordingly, the motion for leave to proceed in forma pauperis (Dkt. No. 1) is 16 GRANTED and the complaint may be filed. 17 Dated this 17th day of October, 2024. 18 a 19 David G. Estudillo 20 United States District Judge

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