Opinion
Case No.: 21-cv-00227-DEB
02-18-2021
JANET A. , Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
[DKT. NO. 2]
Before the Court is Plaintiff Janet A.'s Application to Proceed in forma pauperis. Dkt. No. 2. For the reasons set forth below, the Court DENIES the Application.
All parties instituting a civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a $400 filing fee. See 28 U.S.C. § 1914(a). The Court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of assets, showing he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must "state the facts as to [the] affiant's poverty with some particularity, definiteness and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). An affidavit is sufficient if it shows the applicant cannot pay the fee "and still be able to provide himself [or herself] and dependents with the necessities of life." Id. (internal quotations omitted).
Here, Plaintiff's Application states that she and her spouse receive a combined monthly income of $4,325 from real property, gifts, retirement, and self-employment. Dkt. No. 2 at 1-2. Plaintiff reports that she is unemployed. Id. at 2. Plaintiff claims her and her spouse's monthly expenses exceed their income by $2,250. Dkt. No. 2 at 5 (stating combined monthly expenses are $6,575 including rent or home-mortgage payment, health insurance, utilities, food, recreation, credit card payments, and $3,500 in "Business payroll"). However, Plaintiff lists significant assets, with a combined value of $857,500. She also reports a checking/savings account with a balance of $10,000 and a business checking account with an additional balance of $10,000. Id. at 2. Plaintiff also states she and her husband have $800 in cash at hand. Id.
Plaintiff's Application appears to be incomplete. On the Application, Plaintiff listed $1,235 as her spouse's "Regular expenses for operation of business, profession, or farm." Dkt. No. 2 at 5. Although the form directs Plaintiff to "attach detailed statement," Plaintiff provided no additional information on this answer. Id. --------
Based on the foregoing, the Court DENIES Plaintiff's Application to proceed in forma pauperis. See Boudreaux v. Saul, No. 20-cv-274-BGS, 2020 U.S. Dist. LEXIS 64283, at *2 (S.D. Cal. Apr. 10, 2020) ("Although the application reflects Plaintiff is spending more that he is receiving in income monthly, the Court would be hard pressed to find someone receiving more than $5,000 a month in income should be allowed to proceed at public expense."). / / / / / / / / / /
Plaintiff must pay the requisite filing fee on or before April 7 , 2021 , or her case may be dismissed.
IT IS SO ORDERED. Dated: February 18, 2021
/s/_________
Honorable Daniel E. Butcher
United States Magistrate Judge