Rodriguez v. Kijakazi

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PATRICIA R., Case No.: 23-cv-2096-DEB

12 Plaintiff, ORDER GRANTING 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, ACTING

COMMISSIONER OF SOCIAL 15 SECURITY, [DKT. NO. 2] 16 Defendant. 17 18 Before the Court is Plaintiff Patricia R’s Application to Proceed with her Complaint 19 in forma pauperis (“IFP”). Dkt. No. 2. 20 A court may authorize the commencement of a suit without prepayment of fees if 21 the plaintiff submits an affidavit, including a statement of all her assets, showing she is 22 unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as 23 to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States 24 v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). An affidavit 25 is sufficient if it shows the applicant cannot pay the fee “and still be able to provide himself 26 [or herself] and dependents with the necessities of life.” Rowland v. California Men’s 27 Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations 28 omitted). 1 Plaintiff is challenging the denial of her application for Social Security Supplemental 2 ||Security Income benefits and Disability Benefits. Dkt. No. 1. Plaintiff is unemployed and 3 ||has $43.00 in checking and savings accounts. Dkt. No. 2 at 1-2. Plaintiff otherwise has 4 ||limited income and assets. Jd. Her application states she receives $1623 per month in 5 retirement benefits. Id. at 2. She owns no car or other assets. /d. at 3. Plaintiff's monthly 6 expenses total $1650. Id. at 4-5. 7 Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the 8 || financial resources to pay for her filing fee. The Court, therefore, GRANTS Plaintiffs IFP 9 || Application. 10 IT IS SO ORDERED. 11 ™ 12 || Dated: November 22, 2023 Honorable Daniel E. Butcher 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28