Hamzey v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
Plaintiff Paul Michael H. filed an application to proceed in forma pauperis in a Social Security appeal. The court granted the application, finding that the plaintiff demonstrated an inability to pay the filing fee.
| What the court decided | The model |
|---|---|
Application to Proceed in Forma Pauperis granted“Accordingly, plaintiffs Application to Proceed with his Complaint in forma pauperis [Doc. No. 3] is GRANTED.” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and Ninth Circuit precedent. The plaintiff's affidavit stated he was unemployed, had no assets, and his sole income ($186.00) was entirely consumed by food expenses. This meets the requirement of showing an inability to pay court costs while still affording the necessities of life. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law for the specific motion. It accurately summarizes the plaintiff's financial declaration and applies the legal standard to the facts.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PAUL MICHAEL H., Case No.: 21cv1522-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] 14 KILOLO KIZAKAJI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 On August 27, plaintiff Paul Michael H. commenced an action against Kilolo 19 Kizakaji, the Acting Commissioner of Social Security, seeking review of a final adverse 20 decision of the Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed 21 with his Complaint in forma pauperis. Doc. No. 3. 22 A court may authorize the commencement of a suit without prepayment of fees if 23 the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 24 he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The applicant “‘need 25 not be absolutely destitute’” to proceed in forma pauperis, but the affidavit must set forth 26 with “‘some particularity’” facts showing the applicant “cannot pay the court costs and still 27 afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) 28 (citations omitted). 1 Here, plaintiff declares that he is unemployed, has no assets, and his sole income is 2 ||$186.00 in food assistance. See Doc. No. 3 at 1-4. Plaintiff's monthly expenses total 3 ||$186.00 for food, and he reports he otherwise “live[s| off family and friends.” Jd. at 4, 5. 4 ||Based on the foregoing, the Court finds that plaintiff has shown he lacks the financial 5 ||resources to pay the filing fee. 6 Accordingly, plaintiffs Application to Proceed with his Complaint in forma 7 || pauperis [Doc. No. 3] is GRANTED. 8 || IT IS SO ORDERED. 9 ||Dated: September 1, 2021 Mtijpo.). P ff a il Hon. Karen 8. Crawford United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28