McCullen v. Commissioner of Social Security

Filing 11

MEMORANDUM DECISION AND ORDER denying 1 APPLICATION for Leave to Proceed in forma pauperis filed by Thomas Michael McCullen. Petitioner must pay the filing fee on or before 5/24/13, or this case will be dismissed in its entirety. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

THOMAS McCULLEN,
Case No. 1:13- cv-00018-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER

v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

The Court has before it Petitioner’s Application to Proceed In Forma Pauperis
(Dkt. 1). As explained by Magistrate Bush in his earlier Order (Dkt. 9), pursuant to
federal statute, “any court of the United States may authorize the commencement,
prosecution or defense of any suit, action or proceeding, civil or criminal, . . . without
prepayment of fees or security therefor.” 28 U.S.C. § 1915(a)(1). In order to qualify for
IFP status, Plaintiff must submit an affidavit that includes a statement of all assets he
possesses and that he is unable to pay the fee required. Id.
The affidavit is sufficient if it states that the plaintiff, because of his poverty,
cannot “pay or give security for the costs” and still be able to provide himself and
dependants “with necessities of life.” Adkins v. E.I. DuPont de Numours & Co., 335 U.S.
331, 339 (1948). The affidavit must “state the facts as to affiant’s poverty with some
particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940

MEMORANDUM DECISION AND ORDER - 1

(9th Cir. 1981) (internal quotation omitted).
Here, Petitioner states that he is not employed and has not received any money
from any other sources in the past six months. He has no other assets or property and is
obligated to contribute $180.00 per month to support his daughter. However, as noted by
Magistrate Judge Bush, Petitioner’s application does not explain how he is living without
any sources of income or other assistance. Therefore, Magistrate Judge Bush indicated
that before the Court can fully and adequately assess whether Petitioner qualifies for IFP
status, more information about how Petitioner lives and supports his daily needs was
required. Accordingly, Magistrate Bush ordered Petitioner to provide such information to
the Court on or before March 20, 2013. Petitioner failed to provided the Court with
anything. Under these circumstances, the Court will deny the application.
ORDER
IT IS ORDERED:
1.

Petitioner’s Application to Proceed In Forma Pauperis (Dkt. 1) DENIED.
Petitioner must pay the filing fee on or before May 24, 2013, or this case
will be dismissed in its entirety.
DATED: May 2, 2013

B. LYNN WINMILL
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2