Rodriguez-Ramos v. Kijakazi ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 VINCENT R., Case No.: 21-cv-1482-BGS 12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. LEAVE TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Commissioner of Social Security, 15 [ECF No. 3] Defendant. 16 17 18 19 On August 19, 2021, Plaintiff Vincent R. filed a Complaint seeking judicial review 20 of a decision by the Commissioner of Social Security denying his application for disability 21 benefits. (ECF No. 1.) Plaintiff has not paid the civil filing fee required to commence this 22 action. Before this Court is a Motion to Proceed In Forma Pauperis (“IFP”) filed by 23 Plaintiff. (ECF No. 3.) 24 All parties instituting any civil action, suit, or proceeding in a district court of the 25 United States, except an application for a writ of habeas corpus, must pay a filing fee. 28 26 U.S.C. § 1915(a); see 28 U.S.C. § 1914(a) (requiring a party instituting a civil action to 27 pay a filing fee of $350 as well as a $50 administrative fee). An action may proceed despite 28 a plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed IFP 1 pursuant to 28 U.S.C. § 1915(a), which states: 2 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without 3 prepayment of fees or security therefor, by a person who submits an affidavit 4 that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor. 5 6 28 U.S.C. § 1915(a)(1). The determination of indigency falls within the district 7 court’s discretion. California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), 8 reversed on other grounds by, 506 U.S. 194 (1993). A party need not “be absolutely 9 destitute” to proceed IFP. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 10 (1948). “Nonetheless, a plaintiff seeking IFP status must allege poverty ‘with some 11 particularity, definiteness, and certainty.’” Escobedo v. Applebees, 787 F.3d 1226, 1234 12 (9th Cir. 2015) (citing United States v. McQuade, 647 f.3D 938, 940 (9th Cir. 1981). “An 13 affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot 14 pay the court costs and still afford the necessitates of life.” Id. “But, the same even-handed 15 care must be employed to assure that federal funds are not squandered to underwrite, at 16 public expense, either frivolous claims or the remonstrances of a suitor who is financially 17 able, in whole or in part, to pull his own oar.” Temple v. Ellerthorp, 586 F. Supp. 848, 850 18 (D. R.I.) 19 Based on the information provided (ECF 3), the Court finds that Plaintiff is unable 20 to pay the required filing fee. See, e.g., Jefferson, 277 F.2d at 725 (“One need not be 21 absolutely destitute to obtain [the] benefits of the in forma pauperis statute.”); Escobedo v. 22 Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015) (noting “there is no formula set forth by 23 statute, regulation, or case law to determine when someone is poor enough to earn IFP 24 status,” but, “[w]hatever the standard, $350 is a lot of money to many millions of 25 Americans”). Accordingly, the Court GRANTS Plaintiff’s Motion to Proceed IFP (ECF 26 No. 3). 27 /// 28 /// 1 In light of the Court’s ruling on the IFP motion, IT IS FURTHER ORDERED: 2 1. The United States Marshal shall serve a copy of the Complaint filed on August 3 2021 and an accompanying summons upon Defendant as directed by Plaintiff on U.S. 4 || Marshal Form 285. All costs of service shall be advanced by the United States. 5 2. Plaintiff shall serve upon Defendant, or, if appearance has been entered by 6 ||counsel, upon Defendant’s counsel, a copy of every further pleading or document 7 ||submitted for consideration of the Court. Plaintiff shall include with the original paper to 8 filed with the Clerk of Court a certificate stating the manner in which a true and correct 9 of any document was served on Defendant or Defendant’s counsel and the date of 10 service. Any paper received by a District Judge or Magistrate Judge that has not been filed 11 || with the Clerk or that fails to include a Certificate of Service will be disregarded. 12 13 ||Dated: September 1, 2021 p / / on. Bernard G. Skomal 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28