Husted v. Saul
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court reviewed plaintiff S. Husted's application to proceed in district court without prepaying fees or costs in a Social Security action. The court granted the application, allowing the plaintiff to proceed in forma pauperis.
| What the court decided | The model |
|---|---|
Granting plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (in forma pauperis).“Accordingly, IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED.” | agree with court The court correctly applied the standard for in forma pauperis status under 28 U.S.C. § 1915(a) and Ninth Circuit precedent. The plaintiff's affidavit stated income ($500 alimony) and expenses, showing an inability to pay the filing fee while maintaining necessities of life. The court's finding that the affidavit was sufficient is supported by the facts recited in the order. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law authorities for granting in forma pauperis status. It accurately summarizes the plaintiff's financial situation as presented in the affidavit and applies the correct legal standard (inability to pay while maintaining necessities of life). There are no gaps in the reasoning for this specific procedural motion.
Opinion
FILED □ 2 OCT 02 2019 ; oi □□ et 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || S. HUSTED, Case No.: 19cv1435-BEN(KSC) a ORDER GRANTING APPLICATION 13 || V. TO PROCEED IN DISTRICT axorewa. sau, commisionror | COURTITHOUT PREPAVING 15 the Social Security Administration, 16 Defendant. 17 18 On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M. 19 || Saul, Commissioner of the Social Security Administration, seeking review of a final 20 || adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 21 Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The 22 || Application is in the form of an affidavit. [Doc. No. 2, at p. 1.] 23 A court may authorize the commencement of a suit without prepayment of fees if 24 plaintiff submits an affidavit, including a statement of all his or her assets, showing 25 || that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 26 || “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 27 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal 28 || quotations omitted).
1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 || DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate 3 it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 herself] and dependents with the necessities of life.” Jd. (internal quotations omitted). 5 || Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also 6 receives some financial assistance from parents. The affidavit also indicates that 7 || plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds 8 || that plaintiff has submitted an affidavit which sufficiently shows a lack of financial 9 || resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT 10 || plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED. 11 [Doc. No. 2.] 12 IT IS SO ORDERED. . 13 Dated: October , 2019 jj; / 14 15 Hon. Kgfen S. Crawford United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28