Camuro 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 AMANDA C., Case No.: 3:20-cv-00969-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL SECURITY, 15 [DKT. NO. 9] Defendant. 16 17 Before the Court is Plaintiff Amanda C.’s Application to Proceed with her 18 Complaint in forma pauperis. Dkt. No. 9. A court may authorize the commencement of a 19 suit without prepayment of fees if the plaintiff submits an affidavit, including a statement 20 of all her assets, showing she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The 21 affidavit must “state the facts as to [the] affiant’s poverty with some particularity, 22 definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) 23 (internal quotations omitted). An affidavit is sufficient if it shows the applicant cannot pay 24 the fee “and still be able to provide himself [or herself] and dependents with the necessities 25 of life.” Id. (internal quotations omitted). 26 Here, Plaintiff’s application states she is unemployed, has limited assets, and a 27 $3,432.00 average, monthly income. Dkt. No. 9 at 2. Plaintiff relies on financial 28 1 ||contributions from her parents and public assistance in the form of food stamps and Cal- 2 || works to cover her expenses and support her eighteen-year-old daughter. Jd. at 1, 3. 3 || Plaintiffs only assets are checking and saving accounts, with a combined balance of $15, 4 ||and a 2005 Honda Pilot valued at $1,000. Jd. at 2-3. Plaintiff's monthly expenses average 5 $3,432.00 and include rent, utilities, food, transportation, insurance, and credit card 6 ||installment payments. /d. at 4-5. Based on the foregoing, the Court finds Plaintiff has 7 sufficiently shown she lacks the financial resources to pay her filing fee. Accordingly, 8 || Plaintiff's Application to Proceed with her Complaint in forma pauperis is GRANTED. 9 IT IS SO ORDERED. 10 || Dated: August 7, 2020 — 1 Dok PT 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