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) (dlg).

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