Emerald v. Social Security Administration

Filing 5

ORDER by Magistrate Judge Gregory B. Wormuth granting 3 Motion for Leave to Proceed in forma pauperis (ceo)

Case 2:22-cv-00470-GBW Document 5 Filed 06/30/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANDREA EMERALD,
Plaintiff,
v.

Civ. No. 22-470 GBW

KILOLO KIJAKZI,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
This matter comes before the Court on Plaintiff’s Motion to Proceed In Forma
Pauperis. Doc. 3. For the reasons stated below, the Court GRANTS Plaintiff’s Motion.
The statute for proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that
the Court may authorize the commencement of any suit without prepayment of fees by
a person who submits an affidavit that includes a statement of all assets the person
possesses and that the person is unable to pay such fees.
When a district court receives an application for leave to proceed in forma
pauperis, it should examine the papers and determine if the requirements of
[28 U.S.C.] § 1915(a) are satisfied. If they are, leave should be granted.
Thereafter, if the court finds that the allegations of poverty are untrue or that the
action is frivolous or malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d
58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be

Case 2:22-cv-00470-GBW Document 5 Filed 06/30/22 Page 2 of 2

evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F.
App’x 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
“The statute [allowing a litigant to proceed in forma pauperis] was intended for the
benefit of those too poor to pay or give security for costs[.]” Adkins v. E.I. DuPont de
Nemours & Co., 335 U.S. 331, 344 (1948). While a litigant need not be “absolutely
destitute,” “an affidavit is sufficient which states that one cannot because of his poverty
pay or give security for the costs and still be able to provide himself and dependents
with the necessities of life.” Id. at 339.
The Court grants Plaintiff’s Motion to proceed in forma pauperis. Plaintiff signed
an affidavit in support of her application in which she declares that she is unable to pay
the costs of these proceedings and declares under penalty of perjury that the
information regarding her income is true. Because Plaintiff’s monthly expenses equal
her monthly income (which consists entirely of public food assistance), and because
Plaintiff is unemployed, the Court concludes that Plaintiff is unable to prepay the fees
and costs of this proceeding. See generally doc. 3. Therefore, Plaintiff’s Motion for Leave
to Proceed in Forma Pauperis (doc. 3) is GRANTED.

____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE

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