1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JULIEANN P., Case No.: 22-cv-1316-DDL 12 Plaintiff, ORDER DENYING PLAINTIFF’S 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. [Dkt. No. 2] 16 17 18 19 On September 2, 2022, Plaintiff filed a complaint against the Acting Commissioner 20 of Social Security, seeking judicial review of the Commission’s denial of disability 21 benefits. Dkt. No. 1. On September 12, 2022, Plaintiff consented to the undersigned’s 22 jurisdiction. Dkt. No. 5. Presently before the Court is Plaintiff’s Application to Proceed 23 In Forma Pauperis (the “Application”). Dkt. No. 2. For the reasons stated below, the 24 Application is DENIED. Pursuant to Civil Local Rule 3.2.d, however, the Court has 25 assessed a partial filing fee. 26 This Court may “authorize the commencement . . . of any suit, action or proceeding, 27 civil or criminal, without prepayment of fees or security therefor” by any person who 28 demonstrates his or her inability to pay such fees. See 28 U.S.C. § 1915(a)(1). A party 1 need not be completely destitute to proceed in forma pauperis, Adkins v. E.I. DuPont de 2 Nemours & Co., 335 U.S. 331, 339 (1948), and “there is no formula set forth by statute, 3 regulation or case law to determine when someone is poor enough to earn [in forma 4 pauperis] status.” Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015). Rather, to 5 discourage “litigants from abandoning ‘what may be a meritorious claim in order to spare 6 himself complete destitution,’” it is enough that a party demonstrate that he cannot both 7 pay the filing costs “ʻand still be able to provide himself and his dependents with the 8 necessities of life.’” Wade v. Am. Fed’n of Govt. Emp., No. C 06-4751 MEJ, 2006 WL 9 3645610, at *1 (N.D. Cal. Dec. 12, 2006) (describing the “policy” supporting the in forma 10 pauperis statute) (quoting Adkins, 335 U.S. at 339). 11 Having reviewed Plaintiff’s Application, the Court finds she has failed to make the 12 necessary showing. Plaintiff avers that she receives a monthly retirement income of 13 $1,607.50, and spends a combined $1,010.00 per month on housing, utilities, food, clothing 14 (including laundry expenses) and transportation. See Dkt. No. 2 at 2-4. The Court finds 15 that the resulting $597.00 monthly surplus is sufficient to allow Plaintiff to pay a civil filing 16 fee without depriving her of life’s necessities.1 See Ford v. Midland Funding LLC, No. 9- 17 CV-2349 JLS (AGS), 2020 WL 1506221, at *2 (S.D. Cal. Mar. 30, 2020) (denying motion 18 to proceed in forma pauperis where “it appear[ed] that [p]laintiff still would be able to 19 afford the necessities of life if required to pay the filing fee”). The Court makes this finding 20 despite the fact that Plaintiff has identified other assorted monthly expenses in the amount 21 of $300.00, including expenses for gardening, pet care, cookware, entertainment, and 22 charitable donations, because these expenses “are not considered by this [C]ourt as 23 necessities of life for consideration in an in forma pauperis application.” Wade, 2006 WL 24 3645610, at *1 (denying in forma pauperis application where plaintiff’s income less 25 26 27 1 The cost to file a civil complaint in this District is $402.00. The fee schedule is available on the Court’s website (www.casd.uscourts.gov) under Clerk’s Office > General Court 28 1 || essential expenses left “a balance of $655 a month” and declining to factor in nonessential 2 || expenses). 3 Notwithstanding the above findings, the Court recognizes that Plaintiff's income is 4 |lonly marginally above the federal poverty level for a two-person household.” This 5 || District’s Civil Local Rules permit the Court, in its discretion, to “impose a partial filing 6 || fee which is less than the full filing fee that 1s required by law, but which is commensurate 7 || with the applicant’s ability to pay.” CivLR 3.2.d. The Court has carefully reviewed 8 || Plaintiff's Application and supporting affidavit, and determines that a filing fee of $200.00 9 appropriate and commensurate with Plaintiff's ability to pay. 10 For the above reasons, Plaintiff's Application to Proceed In Forma Pauperis 1s 11 ||}/DENIED. The Court hereby further ORDERS Plaintiff to pay a partial filing fee of 12 ||$200.00 within 30 days of the date of this Order. 13 |} IT IS SO ORDERED. 14 || Dated: September 23, 2022 aie 15 Tbe! lib we 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 2oi}o020tti<“i‘< OO! 27 ||? See https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (last 28 visited September 23, 2022). Plaintiff represents that she lives with her adult son, who is dependent upon her. See Dkt. No. 2 at 3.