West v. Berryhill

Filing 8

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS re 3 - Signed by JUDGE DERRICK K. WATSON on 3/14/2018. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

REBECCA WEST,
Plaintiff,
vs.

CV. NO. 18-00092 DKW-KSC
ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

On March 13, 2018, Plaintiff Rebecca West filed a Complaint For Review of
Social Security Disability and Supplemental Security Income Benefits
Determinations, together with an in forma pauperis (“IFP”) Application. Dkt. Nos.
1 and 3. Federal courts can authorize the commencement of any suit without
prepayment of fees or security by a person who submits an affidavit that
demonstrates he or she is unable to pay. See 28 U.S.C. § 1915(a)(1). “An affidavit
in support of an IFP application is sufficient where it alleges that the affiant cannot
pay the court costs and still afford the necessities of life.” Escobedo v. Applebees,
787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins v. E.I. Du Pont de Nemours &
Co., 335 U.S. 331, 339 (1948)); see also United States v. McQuade, 647 F.2d 938,

940 (9th Cir. 1981) (The affidavit must “state the facts as to affiant’s poverty with
some particularity, definiteness and certainty.”) (internal quotation omitted).
Here, the IFP Application indicates that West is not employed due to
disability and that she receives $333.00 per month in food stamp assistance. She
also receives $388.00 in “general assistance” benefits from the State, which she
must repay. West’s IFP Application states that she has $99.67 in a checking or
savings account with no other assets, no dependents, and that she has been homeless
for over five years. Based upon the IFP Application, West’s income falls below the
poverty threshold identified by the Department of Health and Human Services
(“HHS”) 2018 Poverty Guidelines. See Annual Update of the HHS Poverty
Guidelines, https://www.federalregister.gov/documents/2018/01/18/2018–
00814/annual-update-of-the-hhs-poverty-guidelines. Accordingly, the Court finds
that West has made the required showing under Section 1915 to proceed without
prepayment of fees, and GRANTS her IFP Application.
The Clerk of Court issued the Summons in a Civil Action on March 13, 2018.
Dkt. No. 7. The Court DIRECTS the Clerk’s Office to provide Plaintiff with the
instructions and all other forms necessary for the United States Marshals Service to
attempt service of the Complaint. This Court CAUTIONS Plaintiff that the

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Marshals Service will not attempt service unless Plaintiff completes all necessary
forms in accordance with the instructions provided.
IT IS SO ORDERED.
DATED: March 14, 2018 at Honolulu, Hawai‘i.

West v. Berryhill; CV. NO. 18-00092 DKW-KSC; ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

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