Campagna v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGELO NICOLO C., Case No.: 3:20-cv-01402-KSC 12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. LEAVE TO PROCEED IN FORMA PAUPERIS [Doc. No. 2] 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On July 22, 2020, plaintiff Angelo Nicolo C. commenced an action against the 18 Commissioner of Social Security, seeking review of a final adverse decision of the 19 Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed with his 20 Complaint in forma pauperis. [Doc. No. 2.] The Application is in the form of an 21 affidavit. [Id.] 22 A court may authorize the commencement of a suit without prepayment of fees if 23 the plaintiff submits an affidavit, including a statement of all his or her assets, showing 24 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 25 “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 26 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal 27 quotations omitted). 28 / / 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). An affidavit is sufficient if 3 ||it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 ||herself] and dependents with the necessities of life.” /d. (internal quotations omitted). 5 || Here, plaintiffs affidavit states that he is unemployed, has no other sources of income, 6 ||and no assets. [Doc. No. 2 at 1-2.] Plaintiff's affidavit further states he relies on friends 7 lodging and transportation. [Doc. No. 2 at 4.] Therefore, the Court finds that 8 || plaintiff's affidavit sufficiently shows that he lacks the financial resources to pay his 9 || filing fee. 10 Accordingly, plaintiff's Application to Proceed with his Complaint in forma 11 || pauperis is hereby GRANTED. [Doc. No. 2.] 12 || IT ISSO ORDERED. 13 ||Dated: July 24, 2020 A iy ) 14 YUL LA ——— 15 Hori. Karen S. Crawford United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28