Hemenway v. Berryhill

Filing 3

ORDER denying without prejudice plaintiff's 1 Motion for Leave to Proceed in forma pauperis. If the filing fee or a new application is not received within 30 days, the clerk's office is instructed to dismiss this action without prejudice. Signed by Judge Robert S. Lasnik. (SWT) (cc: Plaintiff with IFP Application via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DEVON RAY HEMENWAY,
Plaintiff,

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v.

11 NANCY A. BERRYHILL, Deputy

Case No. C18-5518 RSL
ORDER DENYING
APPLICATION TO PROCEED
IN FORMA PAUPERIS

Commissioner of Social Security for
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Defendant.
Devon Ray Hemenway seeks to proceed in forma pauperis for an action seeking

15 judicial review of the administrative decision denying his application for Social Security
16 benefits. Dkt. # 1. For the reasons discussed below, the court DENIES Mr. Hemenway’s
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application to proceed in forma pauperis (Dkt. # 1).
The district court may permit indigent litigants to proceed in forma pauperis upon

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completion of a proper affidavit of indigence. 28 U.S.C. § 1915(a). “To qualify for in
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forma pauperis status, a civil litigant must demonstrate both that the litigant is unable to
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pay court fees and that the claims he or she seeks to pursue are not frivolous.” Ogunsalu
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v. Nair, 117 F. App’x 522, 523 (9th Cir. 2004), cert. denied, 544 U.S. 1051 (2005). To
meet the first prong of this test, a litigant must show that he or she “cannot because of his
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 1

1 poverty pay or give security for the costs and still be able to provide himself and
2 dependents with the necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335
3 U.S. 331, 339 (1948) (internal alterations omitted).
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Mr. Hemenway has not shown that he is unable to pay the full filing fee to proceed
with this lawsuit. Mr. Hemenway did not include any information regarding his past or

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present employment, sources of income, expenses, or other explanations of indigence in
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his declaration and application to proceed in forma pauperis. See Dkt. # 1. The Court is
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accordingly unable to determine whether Mr. Hemenway is capable of paying the filing
fee, and Mr. Hemenway has therefore failed to meet his burden. Should additional

11 information or clarification alter the situation, Mr. Hemenway may reapply to proceed in
12 forma pauperis.
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Accordingly, Mr. Hemenway’s application to proceed in forma pauperis is

14 DENIED WITHOUT PREJUDICE. Mr. Hemenway has 30 days from the date of this
15 order to pay the full $400.00 filing fee or reapply to proceed in forma pauperis. If the
16 filing fee or a new application is not received within 30 days, the clerk’s office is
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instructed to dismiss this action WITHOUT PREJUDICE.
DATED this 2nd day of July, 2018.

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A
Robert S. Lasnik

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United States District Judge
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ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 2