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)

Case 3:23-cv-00040-DDL Document 4 Filed 01/17/23 PageID.13 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSHUA O.,

Case No.: 23-cv-40-DDL
Plaintiff,

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v.

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KILOLO KIJAKAZI, Acting
Commissioner of Social Security,

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Defendant.

ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS
[Dkt. No. 2]

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On January 9, 2023, Plaintiff Joshua O. (“Plaintiff”) initiated this action

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against the Acting Commissioner of Social Security, seeking judicial review of a

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final adverse decision of the Commissioner. Dkt. No. 1. Plaintiff concurrently filed

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an application to proceed in this matter in forma pauperis (“IFP”), which is presently

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before the Court. Dkt. No. 2.

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This Court may “authorize the commencement . . . of any suit, action or

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proceeding, civil or criminal, without prepayment of fees or security therefor” by

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any person who demonstrates his or her inability to pay such fees. See 28 U.S.C.

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§ 1915(a)(1). A party need not be completely destitute to proceed IFP. Adkins v.

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E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Instead, “[a]n

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affidavit in support of an IFP application is sufficient where it alleges that the affiant
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23-cv-40-DDL

Case 3:23-cv-00040-DDL Document 4 Filed 01/17/23 PageID.14 Page 2 of 2

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cannot pay the court costs and still afford the necessities of life.” Escobedo v.

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Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015) (citing Adkins, 335 U.S. at 339).

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“[A] plaintiff seeking IFP status must allege poverty ‘with some particularity,

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definiteness and certainty.’” Id. (citing United States v. McQuade, 647 F.2d 938,

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940 (9th Cir.1981)).

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According to Plaintiff’s application, he is currently unemployed and was last

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gainfully employed in 2019. Dkt. No. 2 at 1-2. Plaintiff reports no income, assets

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or living expenses, and does not expect his income or assets to change

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meaningfully in the next year. Id. at 1-3, 5. Based upon the record before it, the

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Court finds that Plaintiff has adequately demonstrated that he lacks the financial

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resources to pay the filing fee. Accordingly, plaintiff’s Application to Proceed in

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forma pauperis [Dkt. No. 2] is GRANTED.

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IT IS SO ORDERED.

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Dated: January 17, 2023

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Hon. David D. Leshner
United States Magistrate Judge

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23-cv-40-DDL