Aguilar v. Saul
Filing
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ORDER Granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen S. Crawford on 9/10/2020. (mme)
Case 3:20-cv-01768-KSC Document 5 Filed 09/10/20 PageID.15 Page 1 of 2
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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FRANCISCO A.,
Case No.: 3:20-cv-01768-KSC
Plaintiff,
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v.
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ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS [DOC. NO. 2]
ANDREW M. SAUL, Commissioner of
Social Security,
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Defendant.
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On September 9, 2020, plaintiff Francisco A. commenced an action against
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Andrew M. Saul, Commissioner of the Social Security Administration, seeking review of
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a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed Motion for
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Leave to Proceed in forma pauperis. [Doc. No. 2.]
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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, 339–340 (1948). A court may authorize
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the commencement of a suit without prepayment of fees if the plaintiff submits an
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affidavit, including a statement of all his or her assets, showing that he or she is unable to
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pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the]
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affiant’s poverty with some particularity, definiteness and certainty.” United States v.
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McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). An affidavit is
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sufficient if it shows that the applicant cannot pay the fee “and still be able to provide
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3:20-cv-01768-KSC
Case 3:20-cv-01768-KSC Document 5 Filed 09/10/20 PageID.16 Page 2 of 2
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himself [or herself] and dependents with the necessities of life.” Id. (internal quotations
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omitted).
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Here, plaintiff states in his affidavit that he is unemployed and has limited income
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and assets. Plaintiff’s monthly income is $666, consisting of public assistance and food
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stamps. [Doc. No. 2 at 2.] He has no assets and he, his wife and his dependent daughter
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are homeless. [Id. at 3, 5.] Plaintiff’s monthly expenses, which include food, laundry,
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transportation, pet food, and occasional hotel rooms, total $666. [Id., pp. 4-5.] Therefore,
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the Court finds that plaintiff has sufficiently shown he lacks the financial resources to pay
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his filing fee. Accordingly,
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IT IS HEREBY ORDERED THAT plaintiff’s Motion for Leave to Proceed in
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forma pauperis is GRANTED. [Doc. No. 2.]
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Dated: September 10, 2020
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3:20-cv-01768-KSC
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