Hooker v. Colvin

Filing 26

ORDER granting 23 Motion for Leave to Proceed In Forma Pauperis re: 15-15647 as to 21 Notice of Appeal. Signed by Senior Judge James A Teilborg on 5/19/15.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Armentha Hooker,

No. CV-13-02616-PHX-JAT
Plaintiff,

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v.

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ORDER

Carolyn W. Colvin,

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Defendant.

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Before the Court is Plaintiff’s Motion for Leave to Proceed In Forma Pauperis
(Doc. 23). The Court now rules on the motion.

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Plaintiff’s motion requests leave to appeal, in forma pauperis, this Court’s

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February 3, 2015 order affirming the decision of the Social Security Administrative Law

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Judge (“ALJ”). (Doc. 19). Plaintiff attached to the motion her affidavit showing why she

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is unable to pay or give security for fees and costs and stating her grounds on appeal.

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(Doc. 23-1).

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Federal Rule of Appellate Procedure 24(a)(1) provides that a party’s motion to

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appeal in forma pauperis is filed with the district court and must be accompanied by an

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affidavit that: “(A) shows in the detail prescribed by Form 4 of the Appendix of Forms

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the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement

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to redress; and (C) states the issues that the party intends to present on appeal.”

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In her affidavit, Plaintiff declares that she averages approximately $912 in

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monthly expenses and that her income is approximately $953 per month. (Doc. 23-1).

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She also declares that she is unemployed, has only $3 in a single checking account, does

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not own a home, owns a 2007 Chevy Equinox, and has a twelve year old daughter and

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fifteen year-old son who rely on Plaintiff for support. The Court finds that these

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circumstances demonstrate Plaintiff’s inability to pay or give security for the fees and

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costs associated with her appeal.

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Plaintiff’s affidavit also describes her issues on appeal: whether the ALJ erred in

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determining Plaintiff’s residual functional capacity and in weighing the medical source

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opinion. (Doc. 23-1). The affidavit also states that Plaintiff “believes [she] is entitled to

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redress.” (Id.). Thus, the Court finds that Plaintiff has stated the issues that she intends to

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present on appeal and that she is entitled to redress.

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis

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(Doc. 23) in GRANTED.
Dated this 19th day of May, 2015.

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