Opinion
Case No.: 3:20-cv-2180-KSC
11-17-2020
GREGORY K., Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2]
On November 6, 2020, plaintiff Gregory K. commenced an action against Andrew M. Saul, the Commissioner of Social Security, seeking review of a final adverse decision of the Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed with his Complaint in forma pauperis. Doc. No. 2.
A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 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, 339-340 (1948). An affidavit is sufficient if it / / shows that the applicant cannot pay the fee "and still be able to provide himself and dependents with the necessities of life." Id. (internal quotations omitted).
Here, plaintiff's application states that he is unemployed and has limited income and assets. Although he reports $1000 per month in disability benefits, plaintiff states that this disability income will end in November, after which his only monthly income or benefits will be approximately $192 in public assistance. Doc. No. 2 at 2. Plaintiff's assets consist of a checking account with a balance of $200, a 2009 Toyota 4-Runner valued at $6,000 and a 1956 Chevy Apache valued at $10,000. Id. at 3. Plaintiff states he plans to sell his motorcycle and has not paid registration nor insurance for either of his vehicles. Id. at 3-4. Plaintiff's monthly expenses, which include food, utilities, and transportation, total $592. Id. at 5. Therefore, the Court finds that plaintiff has sufficiently shown he lacks the financial resources to pay the filing fee.
Accordingly, plaintiff's Application to Proceed with his Complaint in forma pauperis [Doc. No. 2.] is GRANTED.
IT IS SO ORDERED.
Dated: November 17, 2020
/s/_________
Hon. Karen S. Crawford
United States Magistrate Judge