Villalobos v. Saul

Filing 5

ORDER granting 2 application to Proceed in forma pauperis. Signed by Magistrate Judge Daniel E. Butcher on 1/05/2021. (jpp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROSA MARIA V., Case No.: 21-CV-0012-DEB Plaintiff, 12 13 v. 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ANDREW M. SAUL, Commissioner of Social Security, 15 16 [DKT. NO. 2] Defendant. 17 18 On January 5, 2021, Plaintiff Rosa Maria V. commenced an action against Andrew 19 M. Saul, the Acting Commissioner of Social Security, seeking review of a final adverse 20 decision of the Commissioner. Dkt. No. 1. Plaintiff also filed an Application to Proceed 21 with her Complaint in forma pauperis. Dkt. No. 2. 22 A court may authorize the commencement of a suit without prepayment of fees if 23 the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 24 he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state 25 the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” 26 United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). 27 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. 28 DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it 1 21-CV-0012-DEB 1 shows that the applicant cannot pay the fee “and still be able to provide himself [or herself] 2 and dependents with the necessities of life.” Id. (internal quotations omitted). 3 Plaintiff is unemployed and has limited income and assets. She receives $194.00 per 4 month in food stamps. Dkt. No. 2, at 2. Her only asset is a 1997 Honda Civic LX that was 5 gifted to her. Id. at 3. Based on the foregoing, the Court finds Plaintiff has sufficiently 6 shown she lacks the financial resources to pay her filing fee and GRANTS her Application 7 to Proceed with her Complaint in forma pauperis. 8 9 IT IS SO ORDERED. Dated: January 5, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 21-CV-0012-DEB

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