Bunnell v. Commissioner Social Security Administration

Filing 4

Opinion and Order: Plaintiffs Application to Proceed In Forma Pauperis 2 is DENIED. Signed on 3/7/2017 by Judge Marco A. Hernandez. (jp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KATE JENNINE BUNNELL, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. Sara L. Gabin Sara L. Gabin, P.C., Attorney at Law 14523 Westlake Drive Lake Oswego, Oregon, 97035 Attorney for Plaintiff OPINION & ORDER - 1 No. 3:17-cv-00175-HZ OPINION & ORDER Janice E. Hebert United States Attorney’s Office 1000 S.W. Third Avenue, Suite 600 Portland, Oregon 97204 Attorney for Defendant HERNÁNDEZ, District Judge: Plaintiff Kate Bunnell’s Application to Proceed In Forma Pauperis (“IFP”) [2] is denied. A review of the application indicates that Plaintiff’s husband has a regular income of $4604 per month that she may use to pay the filing fee in this case. Plaintiff also indicated that she receives $1504 per month in pensions, annuities, or life insurance payments. A litigant must show that he or she “cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). Litigants are not required to contribute their “last dollar” or “make themselves and their dependents wholly destitute.” Id. Courts may look to the federal poverty guidelines as a reference point for determining whether granting IFP status is warranted. The 2017 federal poverty guidelines set the poverty threshold for a household with two persons at $16,240. See U.S. DEP’T OF HEALTH & HUMAN SERVS., Poverty Guidelines, https://aspe.hhs.gov/poverty-guidelines (Jan. 26, 2017). Plaintiff’s income is well in excess of the federal poverty guidelines and exceeds her monthly expenses. CONCLUSION Plaintiff’s Application to Proceed In Forma Pauperis [2] is DENIED. Dated this day of __ MARCH ____________, 2017. MARCO A. HERNÁNDEZ United States District Judge OPINION & ORDER - 2

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