Barrett v. Saul

Filing 6

ORDER Granting #3 Motion to Proceed in forma pauperis. Signed by Magistrate Judge Linda Lopez on 9/14/2020. (mme)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL JAMES BARRETT,

Case No.: 20cv1713-LL
Plaintiff,

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v.

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

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ANDREW SAUL, Commissioner of
Social Security,

[ECF No. 3]

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Defendant.

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On September 1, 2020, Plaintiff filed a motion for leave to proceed in forma

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pauperis. ECF No. 3. In this action, Plaintiff is seeking review and reversal of the final

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decision of the Commissioner of Social Security (“Commissioner”) that denied Plaintiff’s

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claim for disability benefits. ECF No. 1. For the reasons set forth below, Plaintiff’s motion

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is GRANTED.

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All parties instituting any civil action, suit, or proceeding in a district court of the

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United States, except an application for writ of habeas corpus, must pay a filing fee of

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$400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to prepay

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the entire fee only if he or she is granted leave to proceed in forma pauperis (“IFP”)

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pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177

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(9th Cir. 1999). A federal court may authorize the commencement of an action without the
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prepayment of fees if the party submits an affidavit, including a statement of assets,

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showing that he or she is unable to pay the required filing fee. 28 U.S.C. § 1915(a).

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The determination of indigency falls within the district court’s discretion. California

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Men's Colony, Unit II Men's Advisory Council v. Rowland, 939 F.2d 854, 858

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(9th Cir. 1991), rev'd on other grounds, Rowland v. California Men's Colony, Unit II Men's

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Advisory Council, 506 U.S. 194 (1993) (“Section 1915 typically requires the reviewing

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court to exercise its sound discretion in determining whether the affiant has satisfied the

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statute's requirement of indigency.”). It is well-settled that a party need not be completely

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destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339

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(1948). “An affidavit in support of an IFP application is sufficient where it alleges that the

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affiant cannot pay the court costs and still afford the necessities of life.” Escobedo v.

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Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins, 335 U.S. at 339). However,

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“the same even-handed care must be employed to assure that federal funds are not

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squandered to underwrite, at public expense, either frivolous claims or the remonstrances

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of a suitor who is financially able, in whole or in material part, to pull his own oar.”

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Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). Finally, the facts as to the

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litigant’s indigency must be stated “with some particularity, definiteness and certainty.”

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United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (citation omitted).

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Here, Plaintiff’s application shows that his and his spouse’s monthly expenses

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exceed their combined income by about $900. The Court finds the expenses to be

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reasonable. The amount in savings and checking for Plaintiff and his spouse is modest and

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a little more than one month’s income. Therefore, the Court finds that Plaintiff has

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submitted an affidavit that sufficiently shows he lacks the financial resources to pay filing

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fees. Accordingly, the Court GRANTS Plaintiff’s motion to proceed in forma

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pauperis. The Court has also reviewed Plaintiff’s complaint, and concludes it is not subject

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to sua sponte dismissal under 28 U.S.C. § 1915(e)(2)(B). 1

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IT IS SO ORDERED.
Dated: September 14, 2020

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The Court must screen every civil action brought pursuant to 28 U.S.C. § 1915(a) and
dismiss any case it finds “frivolous or malicious,” “fails to state a claim on which relief
may be granted,” or “seeks monetary relief against a defendant who is immune from such
relief.” 28 U.S.C. § 1915(e)(2); see also Calhoun v. Stahl, 254 F.3d 845, 845
(9th Cir. 2001) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to
prisoners.”); Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc) (noting that
“section 1915(e) not only permits but requires a district court to dismiss an in forma
pauperis complaint that fails to state a claim”).
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