Stahl v. Kijakazi

Opinion

LAUREN S., Case No.: 23-cv-370-MMA (DEB)

Plaintiff, ORDER DENYING MOTION TO v. PROCEED IN FORMA PAUPERIS

KILOLO KIJAKAZI, Commissioner of Social Security, [Doc. No. 3] Defendant. Pending before the Court is Plaintiff Lauren S.’s Application to Proceed In Forma Pauperis. Doc. No. 3. For the reasons set forth below, the Court DENIES Plaintiff’s Application. 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 inability 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. □□□ DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit is sufficient if 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). Plaintiffs is unemployed and receives a monthly income of $250 from public- /assistance. See Doc. No. 3 at 2. Plaintiff has $0 in cash and no checking or savings ;accounts. /d. at 2. Plaintiff has no assets. /d. at 3. Plaintiff also has no monthly expenses. /d. at 4-5. Plaintiffs lack of expenses suggests Plaintiff may have the ability pay the required filing fee. Based on the foregoing, the Court cannot find Plaintiff is entitled to in forma pauperis status. The Court therefore DENIES WITHOUT PREJUDICE Plaintiff's Application. The Court ORDERS Plaintiff to pay the requisite fee within 30 days of the date of this Order or her case may be dismissed. Dated: March 22, 2023 WMaitel Wu - Lighter HON. MICHAEL M. ANELLO United States District Judge