Elder v. Commissioner of Social Security Administration

FILED
NOT FOR PUBLICATION MAR 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAMES ELDER, No. 10-56998
Plaintiff - Appellant, D.C. No. 5:10-cv-01353-UA-JCG
v.
MEMORANDUM *
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION, Off. of
Dis. Adjud. & Review,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, Chief Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
James Elder appeals pro se from the district court’s order denying his
request to proceed in forma pauperis. We have jurisdiction under 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291. We review for an abuse of discretion. Tripati v. First Nat’l Bank & Trust,
821 F.2d 1368, 1369 (9th Cir. 1987). We reverse and remand.
The district court did not have the benefit of full information regarding
Elder’s financial situation. Based upon additional information submitted on
appeal, we reverse the denial of Elder’s request to proceed in forma pauperis and
remand for further proceedings. See Rowland v. Cal. Men’s Colony, 506 U.S. 194,
203 (1993) (an individual is indigent under 28 U.S.C. § 1915 if he is unable to pay
fees and still provide the necessities of life for himself and any dependents).
Elder shall bear his own costs on appeal.
REVERSED and REMANDED.
2 10-56998