Olguin v. Kijakazi

Filing 4

ORDER Granting 2 Application to Proceed in Forma Pauperis. Signed by Magistrate Judge David D. Leshner on 1/17/2023. (exs)

Download PDF
Case 3:23-cv-00040-DDL Document 4 Filed 01/17/23 PageID.13 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSHUA O., Case No.: 23-cv-40-DDL Plaintiff, 12 13 v. 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 16 Defendant. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS [Dkt. No. 2] 17 18 On January 9, 2023, Plaintiff Joshua O. (“Plaintiff”) initiated this action 19 against the Acting Commissioner of Social Security, seeking judicial review of a 20 final adverse decision of the Commissioner. Dkt. No. 1. Plaintiff concurrently filed 21 an application to proceed in this matter in forma pauperis (“IFP”), which is presently 22 before the Court. Dkt. No. 2. 23 This Court may “authorize the commencement . . . of any suit, action or 24 proceeding, civil or criminal, without prepayment of fees or security therefor” by 25 any person who demonstrates his or her inability to pay such fees. See 28 U.S.C. 26 § 1915(a)(1). A party need not be completely destitute to proceed IFP. Adkins v. 27 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Instead, “[a]n 28 affidavit in support of an IFP application is sufficient where it alleges that the affiant 1 23-cv-40-DDL Case 3:23-cv-00040-DDL Document 4 Filed 01/17/23 PageID.14 Page 2 of 2 1 cannot pay the court costs and still afford the necessities of life.” Escobedo v. 2 Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015) (citing Adkins, 335 U.S. at 339). 3 “[A] plaintiff seeking IFP status must allege poverty ‘with some particularity, 4 definiteness and certainty.’” Id. (citing United States v. McQuade, 647 F.2d 938, 5 940 (9th Cir.1981)). 6 According to Plaintiff’s application, he is currently unemployed and was last 7 gainfully employed in 2019. Dkt. No. 2 at 1-2. Plaintiff reports no income, assets 8 or living expenses, and does not expect his income or assets to change 9 meaningfully in the next year. Id. at 1-3, 5. Based upon the record before it, the 10 Court finds that Plaintiff has adequately demonstrated that he lacks the financial 11 resources to pay the filing fee. Accordingly, plaintiff’s Application to Proceed in 12 forma pauperis [Dkt. No. 2] is GRANTED. 13 IT IS SO ORDERED. 14 Dated: January 17, 2023 15 16 17 Hon. David D. Leshner United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2 23-cv-40-DDL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?