Opinion
Case No.: 21cv655-GPC(KSC)
05-27-2021
MARK EASTMAN, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS
[Dkt. No. 2.]
On April 14, 2021, Plaintiff Mark Eastman ("Plaintiff"), with counsel, filed a Complaint seeking review of the Commissioner's decision denying his application for disability insurance benefits and supplemental security income. (Dkt. No. 1.) Plaintiff also concurrently filed a motion to proceed in forma pauperis ("IFP"). (Dkt. No. 2.)
All proceedings filed with the District Court require a filing fee unless the Court grants IFP status, waiving the fee of $402. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999); see 28 U.S.C. § 1914(a). Under 28 U.S.C. § 1915(a), the Court may waive the filing fee if a party demonstrates an inability to pay by submitting an affidavit reporting all assets of the individual. 28 U.S.C. § 1915(a). The plaintiff must submit an affidavit demonstrating his inability to pay the filing fee, and the affidavit must include a complete statement of the plaintiff's assets. 28 U.S.C. § 1915(a)(1). The facts as to the affiant's poverty must be stated "with some particularity, definiteness, and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981).
In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $52. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020). The additional $52 administrative fee does not apply to persons granted leave to proceed IFP. Id. --------
Here, Plaintiff submitted a declaration reporting that he is not presently employed and that he has not worked since March 2020. (Dkt. No. 2 at 2.) He receives $732 per month in disability and receives $10,000 per month on average in an Options Trading Account. (Id.) He has a checking account with a reported balance of $200. (Id.) He owns a 2005 Infiniti G35 vehicle. (Id. at 3.) He has three children, aged 18, 16 and 14 that are dependent on him. (Id.) He claims a total of $655 in month living expenses which results in a significant surplus per month. (Id.) Due to Plaintiff's monthly surplus income, the Court DENIES Plaintiff's motion to proceed IFP.
IT IS SO ORDERED. Dated: May 27, 2021
/s/_________
Hon. Gonzalo P. Curiel
United States District Judge