Hirtenstein v. Saul ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 MARCIA HIRTENSTEIN, Case No.: 21-cv-470-JM-(DEB) 10 Plaintiff, ORDER DENYING APPLICATION 11 v. TO PROCEED IN FORMA PAUPERIS 12 ANDREW M. SAUL, Commissioner of (Doc. No. 2.) Social Security, 13 Defendant. 14 15 16 On March 17, 2021, Plaintiff, a non-prisoner represented by counsel, filed a 17 complaint based on the denial of her application for social security disability benefits. 18 (Doc. No. 1.) Plaintiff also filed a request to proceed in forma pauperis (“IFP”). 19 (Doc. No. 2.) For the following reasons, Plaintiff’s motion is DENIED. 20 Generally, all parties instituting a civil action in this court must pay a filing fee. See 21 28 U.S.C. § 1914(a); CivLR 4.5(a). But, pursuant to 28 U.S.C. § 1915(a), the court may 22 authorize the commencement, prosecution or defense of any suit without payment of fees 23 if the plaintiff submits an affidavit, including a statement of all his or her assets, showing 24 that he or she is unable to pay filing fees or costs. “An affidavit in support of an IFP 25 application is sufficient where it alleges that the affiant cannot pay the court costs and still 26 afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). 27 The granting or denial of leave to proceed in forma pauperis in civil cases is within the 28 1 ||sound discretion of the district court. Venerable v. Meyers, 500 F.2d 1215, 1216 (9th Cir. 2 || 1974) (citations omitted). 3 In her application Plaintiff reports a monthly income of $8,000 in interest from real 4 property and dividends. (Doc. No. 2 at 1.) Further, she states that one personal IRA 5 |}account with Fidelity contains $2,404,809 and that there is $240,000 in her checking 6 ||}account. (/d. at 2.) Additionally, a home valued at $1,100,000, other real estate valued at 7 $1,900,000, and a motor vehicle valued at $8,300, are listed as assets totaling $3,008,300. 8 || Ud. at 3.) Plaintiff's application lists monthly expenses at $11,400 with Plaintiff declaring 9 || her “need to preserve my cash to cover uninsured medical bills.” (/d. at 5.) Based on the 10 |/information provided, the court is not persuaded that Plaintiff lacks the funds to pay the 11 || filing fee and “still afford the necessities of life.” Escobedo, 787 F.3d at 1234 (“[A] 12 || plaintiff seeking IFP status must allege poverty with some particularity, definiteness and 13 ||certainty.” (internal quotation marks omitted)). 14 In light of the above, the court applies its discretion and DENIES Plaintiff's motion 15 proceed IFP. (Doc. No. 2). Plaintiff shall have until April 30, 2021 to pay the entire 16 || filing fee. Ifthe filing fee is not paid by April 30, 2021, the Clerk of the Court shall dismiss 17 || the case without prejudice and close the case without further order from the court. 18 IT IS SO ORDERED. 19 Dated: April 15, 2021 Piel 20 if pray 1 n. Jeffrey. Miller nited States District Judge 22 23 24 25 26 27 28