Tucker v. Saul

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KATHY JEAN T., Case No.: 20cv1090-KSC

12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 ANDREW M. SAUL, Commissioner of

Social Security, 15 [Doc. No. 2.] Defendant. 16

17 On June 15, 2020, plaintiff Kathy Jean T. commenced an action against 18 Andrew M. Saul, the Commissioner of Social Security, seeking review of a final adverse 19 decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 20 Proceed with her Complaint in forma pauperis. [Doc. No. 2.] 21 A court may authorize the commencement of a suit without prepayment of fees if 22 the plaintiff submits an affidavit, including a statement of all his or her assets, showing 23 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 24 “state the facts as to [the] affiant's poverty with some particularity, definiteness and 25 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal 26 quotations omitted). 27 / / / 28 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit 1s adequate 3 it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 ||herself] and dependents with the necessities of life.” Jd. (internal quotations omitted). 5 Here, plaintiff's application states that she is not employed, and her only income is 6 ||$197.00 in food stamps. [Doc. No. 2, pp. 1-2.] Her only asset is a 2007 Dodge Charger 7 |}automobile. [Jd., pp. 2-3.] Her monthly expenses include $197.00 for food and $65.00 in 8 || vehicle expenses. [/d., pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently 9 || shown she lacks the financial resources to pay her filing fee. Accordingly, 10 IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with his 11 ||Complaint in forma pauperis is GRANTED. [Doc. No. 2.] 12 ||Dated: June 29, 2020 4h Ui 13 Mie» —__z_Z_Z=_ 14 Hon. Karen S. Crawford United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28