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)

Case 3:21-cv-01523-KSC Document 5 Filed 09/08/21 PageID.16 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHERYL K. M.,

Case No.: 21cv1523-KSC
Plaintiff,

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v.

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS [DOC. NO. 3.]

KILOLO KIJAKAZI, Acting
Commissioner of Social Security,

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Defendant.

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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).
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21cv1523-KSC

Case 3:21-cv-01523-KSC Document 5 Filed 09/08/21 PageID.17 Page 2 of 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). An affidavit is adequate

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if it shows that the applicant cannot pay the fee “and still be able to provide himself [or

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herself] and dependents with the necessities of life.” Id. (internal quotations omitted).

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Here, plaintiff’s Application indicates she is unemployed and has retirement

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income of $599 per month but has no money left after paying expenses. She also owns

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two older model vehicles. [Doc. No. 3, pp. 1-3.] Therefore, the Court finds that plaintiff

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has sufficiently shown she lacks the financial resources to pay the filing fee.

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Accordingly,

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IT IS HEREBY ORDERED THAT plaintiff’s Application to Proceed with her

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Complaint in forma pauperis is GRANTED. [Doc. No. 3.]

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Dated: September 8, 2021

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21cv1523-KSC