Santorova v. Kijakazi

• Court: District Court, S.D. California
• Decided: August 17, 2023
• Docket: 3:23-cv-01485
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JANA S. Case No.: 23-cv-01485-DEB

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

Commissioner of Social Security 15 Defendant. [DKT NO. 2] 16

17 Before the Court is Plaintiff Jana S.’s Application to Proceed with her Complaint in 18 forma pauperis (“IFP”). Dkt. No. 2. 19 A court may authorize the commencement of a suit without prepayment of fees if 20 the plaintiff submits an affidavit, including a statement of all her assets, showing she is 21 unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as 22 to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States 23 v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). An affidavit 24 is sufficient if it shows the applicant cannot pay the fee “and still be able to provide himself 25 [or herself] and dependents with the necessities of life.” Rowland v. California Men’s 26 Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations 27 omitted). 28 1 Plaintiffis challenging the denial of her application for Social Security Supplemental 2 || Security Income benefits. Dkt. No. 1. Plaintiff was independently employed in sales, which 3 ||she alleges ended in January 2022. Dkt. No. 2 at 2. Plaintiff otherwise has limited income 4 ||and assets. Jd. Her application states she receives $2000.00 every three months from 5 ||commission work. /d. at 1-2. Plaintiff lists a Mitsubishi as her only asset. /d. at 3. Her 6 ||checking account contains between $500.00 and $600.00. /d. at 2. Plaintiff's monthly 7 ||expenses include $1700.00 in rent and utilities, $40.00 for transportation, and $75.00 for 8 ||medication. /d. at 4. After Plaintiffs total expenses, she has around $685.00 remaining 9 ||after one month and will not receive further income for two more months. Plaintiff also 10 |/claims she relied on food stamps in the past but no longer receives them. /d. at □□□□ She 11 states a friend assists her with paying expenses. /d. at 5. 12 Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the 13 || financial resources to pay for her filing fee. The Court, therefore, GRANTS Plaintiff’ s IFP 14 || Application. 15 IT IS SO ORDERED. 16 ™ 17 || Dated: August 17, 2023 NwuddaTed A, Honorable Daniel E. Butcher 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28