Russell v. Berryhill

Filing 2

ORDER denying Plaintiff's 1 Motion for Leave to Proceed in forma pauperis ; Ms. Russell has thirty days from the date of this order to pay the full $400.00 filing fee, signed by Judge Ricardo S Martinez. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KATHLEEN RUSSELL,
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Plaintiff,
v.

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

ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS

Defendant.

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Case No. C17-1152-RSM

Kathleen Russell seeks to proceed in forma pauperis with an action for judicial review of

14 the administrative decision denying her application for Social Security benefits. Dkt. 1. For the
15 reasons discussed below, Ms. Russell’s motion to proceed in forma pauperis (Dkt. 1) is
16 DENIED.
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The district court may permit indigent litigants to proceed in forma pauperis upon

18 completion of a proper affidavit of indigence. See 28 U.S.C. § 1915(a). “To qualify for in forma
19 pauperis status, a civil litigant must demonstrate both that the litigant is unable to pay court fees
20 and that the claims he or she seeks to pursue are not frivolous.” Ogunsalu v. Nair, 117
21 Fed.Appx. 522, 523 (9th Cir. 2004). To meet the first prong of this test, a litigant must show that
22 he or she “cannot because of his poverty pay or give security for the costs and still be able to
23 provide himself and dependents with the necessities of life.” Adkins v. E.I. DuPont de Nemours

ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS - 1

1 & Co., 335 U.S. 331, 339, 69 S.Ct. 85, 93 L.Ed. 43 (1948).
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Ms. Russell has not shown she is unable to pay the full filing fee to proceed with this

3 lawsuit. Ms. Russell states in her affidavit that she has $40.00 cash on hand, $1,611.79 in a
4 checking account and $7,688.76 in a savings account. Dkt. 1. She indicates that monthly she
5 has $40.00 of “self-employment expenses like art supplies, packaging and shipping costs” but
6 that she lives with her parents and that “they cover most other expenses.” Id. She also indicates
7 that in the past twelve months she has received $1,199.00 from “business, profession or other
8 self-employment.” Id. Ms. Russell states she is not married and that there are no persons
9 dependent upon her for support. Id. Ms. Russell has more than enough in savings to pay the full
10 filing fee. Furthermore, she reports a small source of income and very minimal expenses which
11 go toward funding her self-employment. Under the circumstances, the Court finds Ms. Russell
12 has failed to demonstrate that she “cannot because of [her] poverty pay or give security for the
13 costs and still be able to provide [herself] and dependents with the necessities of life.” Adkins,
14 335 U.S. at 339.
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The application to proceed in forma pauperis is DENIED. Ms. Russell has thirty days

16 from the date of this order to pay the full $400.00 filing fee. If the filing fee is not received
17 within thirty days, the clerk’s office is instructed to dismiss this action WITHOUT
18 PREJUDICE.
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DATED this 15 day of August 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS - 2