Escamilla v. Kijakazi ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Juan ESCAMILLA, Case No.: 22-cv-00049-BGS 12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. LEAVE TO PROCEED IN FORMA PAUPERIS 14 Kilolo KIJAKAZI, 15 Defendant. [ECF No. 3] 16 17 18 On January 13, 2022, Plaintiff Juan Escamilla filed a complaint against Kilolo 19 Kijakazi, the Commissioner of Social Security, seeking judicial review of the 20 Commissioner’s final decision denying Plaintiff’s application for Social Security 21 Disability Insurance and/or Supplemental Security Income. (ECF No. 1.) Presently before 22 the Court is Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”). 23 (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 1 a plaintiff’s failure to prepay the entire fee only if plaintiff is granted leave to proceed IFP 2 pursuant to 28 U.S.C. § 1915(a), which states: 3 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without 4 prepayment of fees or security therefor, by a person who submits an affidavit 5 that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor. 6 28 U.S.C. § 1915(a)(1). The determination of indigency falls within the district court’s 7 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) (“Section 1915 typically requires the 9 reviewing court to exercise its sound discretion in determining whether the affiant has 10 satisfied the statute’s requirement of indigency.”). 11 A party need not “be absolutely destitute” to proceed IFP. Adkins v. E.I. DuPont de 12 Nemours & Co., 335 U.S. 331, 339 (1948). “Nonetheless, a plaintiff seeking IFP status 13 must allege poverty ‘with some particularity, definiteness, and certainty.’” Escobedo v. 14 Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing United States v. McQuade, 647 15 f.3D 938, 940 (9th Cir. 1981). “An affidavit in support of an IFP application is sufficient 16 where it alleges that the affiant cannot pay the court costs and still afford the necessitates 17 of life.” Id. “But, the same even-handed care must be employed to assure that federal 18 funds are not squandered to underwrite, at public expense, either frivolous claims or the 19 remonstrances of a suitor who is financially able, in whole or in part, to pull his own oar.” 20 Temple v. Ellerthorp, 586 F. Supp. 848, 850 (D. R.I.) 21 Based on the information provided in the application (ECF No. 3), the Court finds 22 that Plaintiff is unable to pay the required filing fee. See, e.g., Jefferson, 277 F.2d at 725 23 (“One need not be absolutely destitute to obtain [the] benefits of the in forma pauperis 24 statute.”); Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015) (noting “there is no 25 formula set forth by statute, regulation, or case law to determine when someone is poor 26 enough to earn IFP status,” but, “[w]hatever the standard, $350 is a lot of money to many 27 millions of Americans”). Accordingly, the Court GRANTS Plaintiff’s Motion to Proceed 28 1 || IFP (ECF No. 3) and ORDERS as follows: 2 1. The United States Marshal shall serve a copy of the Complaint filed on 3 || January 13, 2022 and an accompanying summons upon Defendant as directed by Plaintiff 4 U.S. 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 ||be filed with the Clerk of Court a certificate stating the manner in which a true and correct 9 ||copy of any document was served on Defendant or Defendant’s counsel and the date of 10 || service. 11 IT IS SO ORDERED. 12 Dated: January 24, 2022 p / / 13 on. Bernard G. Skomal 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28