(SS) Salinas v. Commissioner of Social Security ( 2023 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 RICKY EDDIE ALONZO SALINAS, CASE NO.: 1:23-cv-00634-GSA 7 Plaintiff, 8 ORDER GRANTING APPLICATION v. TO PROCEED WITHOUT 9 PREPAYMENT OF FEES AND KILOLO KIJAKAZI, Acting DIRECTING CLERK TO ISSUE NEW 10 Commissioner of Social Security, CASE DOCUMENTS 11 Defendant. 12 (Doc. 2, 10) 13 14 15 Plaintiff moved to proceed in forma pauperis under 28 U.S.C. § 1915. The original short form 16 application reflected the following income sources: 1) cash aid ($1,070), 2) girlfriend’s social 17 security ($1,100); 3) son’s social security ($1,000), and 4) food stamps ($214). The application also 18 reflected three dependents. 19 It was unclear whether the first source referred to a one-time cash aid payment or a monthly 20 payment. If it was a monthly payment then the annual household income would equal $40,608, in 21 excess of the federal poverty guidelines for a household of 5 ($35,140).1 Accordingly, Plaintiff 22 was directed to file a long form application. 23 I. Legal Standard 24 The determination whether a party may proceed in forma pauperis is a “matter within the 25 discretion of the trial court . . .” Weller v. Dickinson, 314 F.2d 598, 600 (9th Cir. 1963). To proceed 26 in forma pauperis a plaintiff need not demonstrate that he is completely destitute, but his poverty 27 must prevent him from paying the filing fee and providing himself and his dependents (if any) with 28 1 See https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines 1 the necessities of life. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948). 2 Although there is no bright line rule, courts look to the federal poverty guidelines developed each 3 year by the Department of Health and Human Services. See, e.g., Lint v. City of Boise, No. CV09- 4 72-S-EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009) (and cases cited therein). 5 II. Analysis 6 The long form application reflects that the cash aid is a monthly payment (Doc. 10 at 2), 7 but the application no longer reflects the son’s social security income of $1,000 per month, reducing 8 the monthly income to $2,440 per month ($29,280 per year), below the poverty threshold for a 9 household of 5 ($35,140). The application also reflects monthly expenses roughly equivalent to 10 monthly income, no cash on hand, and no other assets or cash equivalents. This suggests Plaintiff 11 cannot pay the filing fee without sacrificing the necessities of daily life. 12 Accordingly, it is ORDERED that: 13 1. Plaintiff’s application to proceed in forma pauperis (Docs. 2, 10) is GRANTED. 14 2. The Clerk of Court is DIRECTED to issue new case documents including: 1) 15 summons, 2) Order re Consent or Request for Reassignment, 3) notice and form of 16 consent/decline to proceed before a magistrate judge; 4) scheduling order. 17 18 IT IS SO ORDERED. 19 20 Dated: July 14, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28