Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARIE D., Case No.: 3:26-cv-01436-AHG 12 Plaintiff, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION 13 v. FOR LEAVE TO PROCEED IN 14 FRANK BISIGNANO, Commissioner of FORMA PAUPERIS Social Security, 15 [ECF No. 2] Defendant. 16 17 18 On March 4, 2026, Plaintiff Marie D. (“Plaintiff”) brought this action against the 19 Commissioner of Social Security, Frank Bisignano, seeking judicial review of the 20 Commissioner’s final administrative decision denying her application for Social Security 21 disability insurance benefits and Supplemental Security Income for lack of disability. ECF 22 No. 1. Along with her Complaint, Plaintiff also filed a Motion for Leave to Proceed in 23 forma pauperis (“IFP”) under 28 U.S.C. § 1915. ECF No. 2. Upon review, the Court finds 24 the application insufficient to determine whether Plaintiff has demonstrated an inability to 25 pay the civil filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). The Court will therefore deny 26 the motion without prejudice to refiling. 27 A plaintiff seeking to proceed IFP in this Court must provide a signed affidavit “that 28 includes a statement of all assets [showing] inability to pay initial fees or give security.” 1 CivLR 3.2(a). Among other requirements, the affidavit must contain “[a] statement as to 2 current employment including the amount of wages or salary per month and the name and 3 address of the current employer.” CivLR 3.2(a)(1). The affidavit must also include a 4 statement as to any money in a financial institution, including checking, savings, and any 5 other accounts. CivLR 3.2(a)(4). Additionally, Form AO 239—the Court’s Application to 6 Proceed in District Court Without Prepaying Fees or Costs (Long Form)—states in the 7 instructions that the applicant must “[c]omplete all questions in this application and then 8 sign it. Do not leave any blanks: if the answer to a question is “0,” “none,” or “not 9 applicable (N/A),” write that response.” See ECF No. 2 at 1 (emphasis added). 10 Despite these requirements, Plaintiff’s application contains several gaps and 11 inconsistencies that prevent the Court from determining whether Plaintiff qualifies to 12 proceed without prepaying the filing fee. First, the income section of the application 13 appears inconsistent. Plaintiff lists monthly employment income of approximately $1,000 14 and retirement income of approximately $1,676 but reports total monthly income of only 15 $1,676. ECF No. 2 at 1–2. Based on the amounts listed, Plaintiff’s total monthly income 16 appears to be approximately $2,676. This discrepancy prevents the Court from evaluating 17 Plaintiff’s financial resources. 18 Second, the expenses section of the application appears incomplete and contains 19 mathematical errors. Plaintiff lists several monthly expenses—including rent, utilities, 20 food, clothing, and medical expenses—but reports total monthly expenses of $0.00. Id. at 21 4–5. The itemized expenses listed on the form clearly exceed $0.00, and the Court cannot 22 determine Plaintiff’s actual monthly expenses. 23 Third, several sections of the application are incomplete or internally inconsistent. 24 Plaintiff reports receiving employment income but lists “N/A” for employment history over 25 the past two years. Id. at 2. Additionally, although Plaintiff reports possessing 26 approximately $500 in cash, the section requesting information regarding bank accounts or 27 other financial institutions is blank, making it unclear whether Plaintiff maintains any 28 accounts. Id. Further, Plaintiff lists credit card debt of $25,000 but does not list any | corresponding monthly installment payments. /d. at 4. 2 “When a claim of poverty is made under section 1915[,] ‘it is proper and indeed 3 || essential for the supporting affidavits to state the facts as to affiant’s poverty with some 4 || particularity, definiteness and certainty.’” United States v. McQuade, 647 F.2d 938, 940 5 Cir. 1981) (quoting Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)). 6 ||Here, the Court finds that Plaintiffs affidavit does not state the facts with sufficient 7 || particularity and definiteness to allow the Court to verify Plaintiff's indigence. 8 Accordingly, the Court DENIES WITHOUT PREJUDICE Plaintiff's Motion to 9 || Proceed IFP (ECF No. 2). To proceed with this action, no later than March 24, 2026, 10 || Plaintiff must either (1) pay the civil filing fee, or (2) file a renewed Motion to Proceed IFP 11 |/that fully completes all sections of the application and provides complete and accurate 12 || financial information in compliance with Civil Local Rule 3.2(a). 13 IT IS SO ORDERED. 14 || Dated: March 10, 2026 Men H. Xylolead 16 Honorable Allison H. Goddard 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28