From Casetext: Smarter Legal Research

Mary R. v. Comm'r of Soc. Sec.

United States District Court, Southern District of California
Apr 18, 2022
22-cv-485-DEB (S.D. Cal. Apr. 18, 2022)

Opinion

22-cv-485-DEB

04-18-2022

MARY R., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS [DKT. NO. 2]

Honorable Daniel E. Butcher United States Magistrate Judge

Before the Court is Plaintiff Mary R.'s Application to Proceed with her Complaint in forma pauperis. Dkt. 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 her assets, showing 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). An affidavit is sufficient if it shows the applicant cannot pay the fee “and still be able to provide [her]self and dependents with the necessities of life.” Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations omitted).

Here, Plaintiff's application states she is unemployed and receives $401.00 per month in public assistance. Dkt. No. 2 at 2, 3. Plaintiff's only asset is a 2006 Mitsubishi Galant. Id. at 3.

Plaintiff's monthly expenses exceed her monthly income. Her monthly expenses average $740.00 and include rent payments, utilities, food, clothing, and motor vehicle insurance. Id. at 4. Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the financial resources to pay her filing fee. Accordingly, Plaintiff's Application to Proceed with her Complaint in forma pauperis is GRANTED.

IT IS SO ORDERED.


Summaries of

Mary R. v. Comm'r of Soc. Sec.

United States District Court, Southern District of California
Apr 18, 2022
22-cv-485-DEB (S.D. Cal. Apr. 18, 2022)
Case details for

Mary R. v. Comm'r of Soc. Sec.

Case Details

Full title:MARY R., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:United States District Court, Southern District of California

Date published: Apr 18, 2022

Citations

22-cv-485-DEB (S.D. Cal. Apr. 18, 2022)