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Estrada v. O'Malley

United States District Court, District of New Mexico
Jul 19, 2024
Civ. 24-733 GBW (D.N.M. Jul. 19, 2024)

Opinion

Civ. 24-733 GBW

07-19-2024

JESUS ADORA ESPERANZA ESTRADA, Plaintiff, v. MARTIN O'MALLEY, Commissioner of the Social Security Administration, Defendant.


ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS

GREGORY B. WORMUTH, CHIEF UNITED STATES MAGISTRATE JUDGE

This matter comes before the Court on Plaintiff's Motion to Proceed In Forma Pauperis with Financial Affidavit Pursuant to 28 U.S.C. § 1915. Doc. 5. For the reasons stated below, Plaintiff's Motion is GRANTED.

The statute governing proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that the Court may authorize the commencement of any suit without prepayment of fees by a person who submits an affidavit that includes a description of all assets the person possesses as well as a statement that the person is unable to pay such fees.

When a district court receives an application for leave to proceed in forma pauperis, it should examine the papers and determine if the requirements of [28 U.S.C.] § 1915(a) are satisfied. If they are, leave should be granted. Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)). “The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay or give security for costs[.]” Adkins v. E.I. DuPont De Nemours & Co., 335 U.S. 331, 344 (1948). While a litigant need not be “absolutely destitute,” “an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with the necessities of life.” Id. at 339.

The Court will grant Plaintiff's Motion to proceed in forma pauperis. Plaintiff signed an affidavit in support of her application in which she declares that she is unable to pay the costs of these proceedings and declares under penalty of perjury that the information regarding her income is true. Because Plaintiff's total monthly income is $554.00 from TANF and Food Stamps, Plaintiff is unemployed, and Plaintiff's monthly expenses are approximately $924.66, the Court concludes that Plaintiff is unable to prepay the fees and costs of this proceeding. See generally doc. 5.

IT IS THEREFORE ORDERED that Plaintiff's Motion for Leave to Proceed In Forma Pauperis (doc. 5) is GRANTED.


Summaries of

Estrada v. O'Malley

United States District Court, District of New Mexico
Jul 19, 2024
Civ. 24-733 GBW (D.N.M. Jul. 19, 2024)
Case details for

Estrada v. O'Malley

Case Details

Full title:JESUS ADORA ESPERANZA ESTRADA, Plaintiff, v. MARTIN O'MALLEY, Commissioner…

Court:United States District Court, District of New Mexico

Date published: Jul 19, 2024

Citations

Civ. 24-733 GBW (D.N.M. Jul. 19, 2024)