Husted v. Saul
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)
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OCT O2 2019
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 19cv1435-BEN(KSC)
ANDREW M. SAUL, Commissioner of
the Social Security Administration,
ORDER GRANTING APPLICATION
TO PROCEED IN DISTRICT
COURT WITHOUT PREPAYING
FEES OR COSTS [Doc. No. 2.]
On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M.
Saul, Commissioner of the Social Security Administration, seeking review of a final
adverse decision of the Commissioner. [Doc. No. l .] Plaintiff also filed an Application to
Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The
Application is in the form of an affidavit. [Doc. No. 2, at p. l .]
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
that he or she is unable 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, 64 7 F .2d 938, 940 (9th Cir.1981) (internal
A party need not be completely destitute to proceed in forma pauperis. Adkins v.
E.I. DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate
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." Id. (internal quotations omitted).
Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also
receives some financial assistance from parents. The affidavit also indicates that
plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds
that plaintiff has submitted an affidavit which sufficiently shows a lack of financial
resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT
plaintiffs Application to Proceed with his Complaint in forma pauperis is GRANTED.
[Doc. No. 2.]
IT IS SO ORDERED.
Dated: October _1_, 2019
United States Magistrate Judge
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