Hastie-Sanders v. Saul

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LANDON WILLIAM HASTIE- Case No.: 20-cv-0910-BGS SANDERS, 12 ORDER GRANTING MOTION FOR Plaintiff, 13 LEAVE TO PROCEED IN FORMA v. PAUPERIS 14 ANDREW SAUL, Commissioner of 15 [ECF No. 2] Social Security, 16 Defendant.

18 19 On May 15, 2020, Plaintiff LANDON WILLIAM HASTIE-SANDERS filed a 20 Complaint seeking judicial review of a decision by the Commissioner of Social Security 21 denying his application for disability benefits. (ECF No. 1.) Plaintiff has not paid the civil 22 filing fee required to commence this action. Before this Court is a Motion to Proceed In 23 Forma Pauperis (“IFP”) filed by Plaintiff. (ECF No. 2.) 24 All parties instituting any civil action, suit, or proceeding in a district court of the 25 United States, except an application for a writ of habeas corpus, must pay a filing fee. 28 26 U.S.C. § 1915(a); see 28 U.S.C. § 1914(a) (requiring a party instituting a civil action to 27 pay a filing fee of $350 as well as a $50 administrative fee). An action may proceed despite 28 a plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed IFP 1 pursuant to 28 U.S.C. § 1915(a), which states: 2 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without 3 prepayment of fees or security therefor, by a person who submits an affidavit 4 that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor. 5 6 28 U.S.C. § 1915(a)(1). The determination of indigency falls within the district 7 court’s discretion. California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), 8 reversed on other grounds by, 506 U.S. 194 (1993) (“Section 1915 typically requires the 9 reviewing court to exercise its sound discretion in determining whether the affiant has 10 satisfied the statute’s requirement of indigency.”). 11 A party need not “be absolutely destitute” to proceed IFP. Adkins v. E.I. DuPont 12 de Nemours & Co., 335 U.S. 331, 339 (1948). “Nonetheless, a plaintiff seeking IFP 13 status must allege poverty ‘with some particularity, definiteness, and certainty.’” 14 Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing United States v. 15 McQuade, 647 f.3D 938, 940 (9th Cir. 1981). “An affidavit in support of an IFP 16 application is sufficient where it alleges that the affiant cannot pay the court costs and 17 still afford the necessitates of life.” Id. “But, the same even-handed care must be 18 employed to assure that federal funds are not squandered to underwrite, at public 19 expense, either frivolous claims or the remonstrances of a suitor who is financially able, 20 in whole or in part, to pull his own oar.” Temple v. Ellerthorp, 586 F. Supp. 848, 850 (D. 21 R.I.) 22 Here, Plaintiff has filed an affidavit stating that his total monthly income has been 23 $650, but he does not anticipate any income in the next month. (ECF No. 2 at 1-2.) He 24 does not identify any other assets. (Id. at 2-3.) Based on the information provided, the 25 Court finds that Plaintiff is unable to pay the required filing fee. See, e.g., Jefferson, 277 26 F.2d at 725 (“One need not be absolutely destitute to obtain [the] benefits of the in forma 27 pauperis statute.”); Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015) (noting 28 “there is no formula set forth by statute, regulation, or case law to determine when someone 1 poor enough to earn IFP status,” but, “[w]Jhatever the standard, $350 is a lot of money to 2 ||many millions of Americans”). Accordingly, the Court GRANTS Plaintiff’s Motion to 3 || Proceed IFP (ECF No. 2). 4 In light of the Court’s ruling on the IFP motion, IT IS FURTHER ORDERED: 5 1. The United States Marshal shall serve a copy of the Complaint filed on May 6 || 15, 2020 and an accompanying summons upon Defendant as directed by Plaintiff on U.S. 7 Marshal Form 285. All costs of service shall be advanced by the United States. 8 2. Plaintiff shall serve upon Defendant, or, if appearance has been entered by 9 |j/counsel, upon Defendant’s counsel, a copy of every further pleading or document 10 submitted for consideration of the Court. Plaintiff shall include with the original paper to 11 || be filed with the Clerk of Court a certificate stating the manner in which a true and correct 12 ||copy of any document was served on Defendant or Defendant’s counsel and the date of 13 ||service. Any paper received by a District Judge or Magistrate Judge that has not been filed 14 || with the Clerk or that fails to include a Certificate of Service will be disregarded. 15 IT IS SO ORDERED. 16 Dated: June 4, 2020 7 2 p / / M7 on. Bernard G. Skomal 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28