Husted v. Saul

Filing 9

ORDER Granting Application to Proceed in District Court without Prepaying Fees or Costs. [Doc. No. 2 ] Signed by Magistrate Judge Karen S. Crawford on 10/3/2019. (tcf)

Download PDF
1 ,I F hi..... ·•"""o· 2 OCT O2 2019 i:" t- . 11,,,.,; 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 Case No.: 19cv1435-BEN(KSC) S. HUSTED, Plaintiff, 12 13 V. 14 ANDREW M. SAUL, Commissioner of the Social Security Administration, 15 ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS [Doc. No. 2.] Defendant. 16 17 18 On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M. 19 Saul, Commissioner of the Social Security Administration, seeking review of a final 20 adverse decision of the Commissioner. [Doc. No. l .] Plaintiff also filed an Application to 21 Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The 22 Application is in the form of an affidavit. [Doc. No. 2, at p. l .] 23 A court may authorize the commencement of a suit without prepayment of fees if 24 the plaintiff submits an affidavit, including a statement of all his or her assets, showing 25 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 26 "state the facts as to [the] affiant's poverty with some particularity, definiteness and 27 certainty." United States v. McQuade, 64 7 F .2d 938, 940 (9th Cir.1981) (internal 28 quotations omitted). I 9cvl435-BEN(KSC) 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate 3 if 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." Id. (internal quotations omitted). 5 Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also 6 receives some financial assistance from parents. The affidavit also indicates that 7 plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds 8 that plaintiff has submitted an affidavit which sufficiently shows a lack of financial 9 resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT 10 plaintiffs Application to Proceed with his Complaint in forma pauperis is GRANTED. 11 [Doc. No. 2.] 12 IT IS SO ORDERED. 13 Dated: October _1_, 2019 14 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 19cv1435-BEN(KSC)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?