Opinion
NO. CIV. S-13-0436 LKK/KJN
03-08-2013
BRAD SCHMITT, Plaintiff, v. RELIASTAR LIFE INSURANCE COMPANY, and DOES 1 to 100, Defendants.
ORDER
Plaintiff has applied to proceed in this civil action without prepayment of fees or costs under 28 U.S.C. § 1915. As plaintiff is represented by counsel, the magistrate judge referred his application to this court.
The benefit of proceeding in forma pauperis is a privilege, not a right. Franklin v. Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984). A petitioner need not "be absolutely destitute to enjoy the benefit of this statute." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948); Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960). But he must demonstrate his poverty with "some particularity, definiteness, and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981).
The court notes that plaintiff has not been employed since September 29, 2008. The complaint herein alleges that he has been disabled since this date, and that he has brought this action seeking damages for defendant Reliastar Life Insurance Company's denial of long-term disability benefits. (ECF No. 1.)
Plaintiff has submitted an affidavit that includes a statement of all assets, as required by section 1915(a). According to the affidavit, plainitff has $6479.50 in a brokerage account, over $190,000 in retirement accounts, and receives $1564/month in social security disability payments. Without understating any financial difficulties that plaintiff is experiencing, the court must conclude that he has failed to show an inability pay the filing fee.
Accordingly, plaintiff's application to proceed without prepayment of fees is DENIED without prejudice. He is DIRECTED to pay the required filing fee if he wishes to proceed with this action.
IT IS SO ORDERED.
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LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT