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)

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OCT O2 2019

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 19cv1435-BEN(KSC)

S. HUSTED,
Plaintiff,

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V.

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ANDREW M. SAUL, Commissioner of
the Social Security Administration,

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ORDER GRANTING APPLICATION
TO PROCEED IN DISTRICT
COURT WITHOUT PREPAYING
FEES OR COSTS [Doc. No. 2.]

Defendant.

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On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M.

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Saul, Commissioner of the Social Security Administration, seeking review of a final

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adverse decision of the Commissioner. [Doc. No. l .] Plaintiff also filed an Application to

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Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The

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Application is in the form of an affidavit. [Doc. No. 2, at p. l .]

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A court may authorize the commencement of a suit without prepayment of fees if

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the plaintiff submits an affidavit, including a statement of all his or her assets, showing

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that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must

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"state the facts as to [the] affiant's poverty with some particularity, definiteness and

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certainty." United States v. McQuade, 64 7 F .2d 938, 940 (9th Cir.1981) (internal

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quotations omitted).

I 9cvl435-BEN(KSC)

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A party need not be completely destitute to proceed in forma pauperis. Adkins v.

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E.I. DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate

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if it shows that the applicant cannot pay the fee "and still be able to provide himself [or

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herself] and dependents with the necessities of life." Id. (internal quotations omitted).

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Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also

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receives some financial assistance from parents. The affidavit also indicates that

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plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds

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that plaintiff has submitted an affidavit which sufficiently shows a lack of financial

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resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT

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plaintiffs Application to Proceed with his Complaint in forma pauperis is GRANTED.

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[Doc. No. 2.]

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IT IS SO ORDERED.

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Dated: October _1_, 2019

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United States Magistrate Judge

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19cv1435-BEN(KSC)