Opinion
CV-23-00303-TUC-JCH
07-10-2023
Alexandrah Sawyer, Plaintiff, v. Commissioner of Social Security Administration, Defendant.
ORDER
Honorable John C. Hinderaker United States District Judge
On July 3, 2023, Plaintiff Alexandrah Sawyer filed a Complaint and Application to Proceed In Forma Pauperis ("IFP Application"). Docs. 1, 2. Initially, the matter was assigned to the Honorable Michael A. Ambri. Doc. 3. A party elected assignment to the District Court, and on July 7, 2023, the matter was reassigned to the undersigned. See Docs. 5, 6.
The Court has reviewed Plaintiff's IFP Application. Doc. 2. The Court finds that Plaintiff has shown he is unable to pay the fees without hardship as required by 28 U.S.C. § 1915(a). An affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still afford the necessities of life. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The IFP statute does not itself define what constitutes insufficient assets and the Ninth Circuit has recognized, "[o]ne need not be absolutely destitute to obtain benefits of the in forma pauperis statute." Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960). Nonetheless, a plaintiff seeking IFP status must allege poverty "with some particularity, definiteness and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotation marks omitted). Here, Plaintiff's IFP Application indicates that he has no income or assets. Doc. 2 at 1-3. Plaintiff also reports that he has no monthly expenses, debts, or other financial obligations. Id. at 4-5. Plaintiff does not have sufficient means to cover the $402 filing fee without hardship. See id. Because Plaintiff has made the required showing under 28 U.S.C. § 1915(a), the Court GRANTS Plaintiff's IFP Application.
Accordingly, IT IS ORDERED GRANTING Plaintiff's IFP Application. Doc. 2.
IT IS FURTHER ORDERED this case, reassigned to the Honorable John C Hinderaker, is hereby referred to Magistrate Judge Michael A. Ambri for all pretrial proceedings and a report and recommendation in accordance with 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72, and 72.2 of the Rules of Practice of the United States District Court for the District of Arizona. All future filings in this case shall be designated:
CV-23-00303-TUC-JCH (MAA).