Mendez v. Kijakazi

Filing 5

ORDER granting 3 application to Proceed in forma pauperis. Signed by Magistrate Judge Karen S. Crawford on 9/08/2021. (jpp)

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Case 3:21-cv-01523-KSC Document 5 Filed 09/08/21 PageID.16 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHERYL K. M., Case No.: 21cv1523-KSC Plaintiff, 12 13 v. 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3.] KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 27, 2021, plaintiff Cheryl K. M. commenced an action against Kilolo Kijakazi, the Acting Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed with the Complaint in forma pauperis. [Doc. No. 3.] A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). /// 1 21cv1523-KSC Case 3:21-cv-01523-KSC Document 5 Filed 09/08/21 PageID.17 Page 2 of 2 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is adequate 3 if it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 herself] and dependents with the necessities of life.” Id. (internal quotations omitted). 5 Here, plaintiff’s Application indicates she is unemployed and has retirement 6 income of $599 per month but has no money left after paying expenses. She also owns 7 two older model vehicles. [Doc. No. 3, pp. 1-3.] Therefore, the Court finds that plaintiff 8 has sufficiently shown she lacks the financial resources to pay the filing fee. 9 Accordingly, 10 IT IS HEREBY ORDERED THAT plaintiff’s Application to Proceed with her 11 Complaint in forma pauperis is GRANTED. [Doc. No. 3.] 12 Dated: September 8, 2021 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 21cv1523-KSC

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