Romano v. Saul

Opinion

MIA R., Case No.: 20CV840-KSC

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

On May 4, 2020, plaintiff Mia R. commenced an action against Andrew M. Saul, the Acting 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 her Complaint in forma pauperis. [Doc. No. 2.] 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 application states that she is unemployed and has limited income assets. She has no monthly income. [Doc. No. 2, p. 2.] Her assets are a checking account with a balance of $300 and a 2009 Honda Fit Sport valued at $4,382. [/d., pp. 2- 3.] Her monthly expenses, which include food, vehicle insurance and recreation total $423. [d., pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently shown she lacks the financial resources to pay her 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: May 20, 2020 4 Wi □□ Lee OT Hon. Karen S. Crawford United States Magistrate Judge