Ramirez v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JESUS R., Case No.: 22-cv-1444-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL SECURITY, 15 [DKT. NO. 2] Defendant. 16 17 Before the Court is Plaintiff Jesus R.’s Application to Proceed with her Complaint 18 in forma pauperis. Dkt. No. 2. A court may authorize the commencement of a suit without 19 prepayment of fees if the plaintiff submits an affidavit, including a statement of all her 20 assets, showing she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit 21 must “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 22 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). An affidavit is 23 sufficient if it shows the applicant cannot pay the fee “and still be able to provide [her]self 24 and dependents with the necessities of life.” Rowland v. California Men’s Colony, Unit II 25 Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations omitted). 26 27 28 1 Here, Plaintiff's application states he is unemployed and receives $340.00 per month 2 ||in food stamps. Dkt. No. 2 at 1, 2, 5. Plaintiff has no assets and lives with his mother. Jd. 3 3, 5. 4 Plaintiff's monthly expenses equal his monthly income. His monthly expenses total 5 $340.00, which Plaintiff spends on food. Jd. at 4. Based on the foregoing, the Court finds 6 || Plaintiff has sufficiently shown he lacks the financial resources to pay the filing fee. 7 || Accordingly, Plaintiff's Application to Proceed with the Complaint in forma pauperis is 8 || GRANTED. 9 IT IS SO ORDERED. 10 || Dated: September 28, 2022 — Dando oa 12 Honorable Daniel E. Butcher United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28