Villalobos v. Saul
Filing
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ORDER granting #2 application to Proceed in forma pauperis. Signed by Magistrate Judge Daniel E. Butcher on 1/05/2021. (jpp) (dlg).
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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ROSA MARIA V.,
Case No.: 21-CV-0012-DEB
Plaintiff,
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v.
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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS
ANDREW M. SAUL, Commissioner of
Social Security,
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[DKT. NO. 2]
Defendant.
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On January 5, 2021, Plaintiff Rosa Maria V. commenced an action against Andrew
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M. Saul, the Acting Commissioner of Social Security, seeking review of a final adverse
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decision of the Commissioner. Dkt. No. 1. Plaintiff also filed an Application to Proceed
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with her Complaint in forma pauperis. Dkt. No. 2.
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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 that
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he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state
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the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.”
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United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted).
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A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I.
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DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it
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21-CV-0012-DEB
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shows that the applicant cannot pay the fee “and still be able to provide himself [or herself]
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and dependents with the necessities of life.” Id. (internal quotations omitted).
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Plaintiff is unemployed and has limited income and assets. She receives $194.00 per
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month in food stamps. Dkt. No. 2, at 2. Her only asset is a 1997 Honda Civic LX that was
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gifted to her. Id. at 3. Based on the foregoing, the Court finds Plaintiff has sufficiently
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shown she lacks the financial resources to pay her filing fee and GRANTS her Application
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to Proceed with her Complaint in forma pauperis.
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IT IS SO ORDERED.
Dated: January 5, 2021
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21-CV-0012-DEB
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