Sawyer v. Commissioner of Social Security Administration

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Alexandrah Sawyer, No. CV-23-00303-TUC-JCH

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 On July 3, 2023, Plaintiff Alexandrah Sawyer filed a Complaint and Application to 16 Proceed In Forma Pauperis ("IFP Application"). Docs. 1, 2. Initially, the matter was 17 assigned to the Honorable Michael A. Ambri. Doc. 3. A party elected assignment to the 18 District Court, and on July 7, 2023, the matter was reassigned to the undersigned. See 19 Docs. 5, 6. 20 The Court has reviewed Plaintiff's IFP Application. Doc. 2. The Court finds that 21 Plaintiff has shown he is unable to pay the fees without hardship as required by 28 U.S.C. 22 § 1915(a). An affidavit in support of an IFP application is sufficient where it alleges that 23 the affiant cannot pay the court costs and still afford the necessities of life. Adkins v. E.I. 24 DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The IFP statute does not itself define 25 what constitutes insufficient assets and the Ninth Circuit has recognized, "[o]ne need not 26 be absolutely destitute to obtain benefits of the in forma pauperis statute." Jefferson v. 27 United States, 277 F.2d 723, 725 (9th Cir. 1960). Nonetheless, a plaintiff seeking IFP status 28 must allege poverty "with some particularity, definiteness and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotation marks omitted). Here, || Plaintiff's IFP Application indicates that he has no income or assets. Doc. 2 at 1—3. Plaintiff 3 || also reports that he has no monthly expenses, debts, or other financial obligations. Jd. at 4— 4|| 5. Plaintiff does not have sufficient means to cover the $402 filing fee without hardship. || See id. Because Plaintiff has made the required showing under 28 U.S.C. § 1915(a), the 6|| Court GRANTS Plaintiff's IFP Application. 7 Accordingly, 8 IT IS ORDERED GRANTING Plaintiff's IFP Application. Doc. 2. 9 IT IS FURTHER ORDERED this case, reassigned to the Honorable John C || Hinderaker, is hereby referred to Magistrate Judge Michael A. Ambri for all pretrial 11 || proceedings and a report and recommendation in accordance with 28 U.S.C. § 636(b)(1), 12|| Fed. R. Civ. P. 72, and 72.2 of the Rules of Practice of the United States District Court for 13 || the District of Arizona. All future filings in this case shall be designated: 14 15 CV-23-00303-TUC-JCH (MAA). 16 17 Dated this 10th day of July, 2023. 18 19 ‘

20 WS Ht br-b onorable John C. Hinderaker 21 United States District Judge 22 23 24 25 26 27 28

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