Tucker v. Saul
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
Plaintiff Kathy Jean T. 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 while maintaining the necessities of life.
| What the court decided | The model |
|---|---|
Application to Proceed in Forma Pauperis Granted“IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with his Complaint in forma pauperis is GRANTED. [Doc. No. 2.]” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and Ninth Circuit precedent. The plaintiff's affidavit showed income of $197.00 (food stamps) and expenses of $262.00 ($197.00 food + $65.00 vehicle), demonstrating that paying the filing fee would deprive her of necessities. The court cited the correct legal standard that a party need not be completely destitute, only unable to pay the fee while retaining necessities. The decision follows logically from 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 recites the plaintiff's financial situation and applies the 'necessities of life' test from Adkins. The reasoning is concise but sufficient for this type of procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KATHY JEAN T., Case No.: 20cv1090-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 ANDREW M. SAUL, Commissioner of Social Security, 15 [Doc. No. 2.] Defendant. 16 17 On June 15, 2020, plaintiff Kathy Jean T. commenced an action against 18 Andrew M. Saul, the Commissioner of Social Security, seeking review of a final adverse 19 decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 20 Proceed with her Complaint in forma pauperis. [Doc. No. 2.] 21 A court may authorize the commencement of a suit without prepayment of fees if 22 the plaintiff submits an affidavit, including a statement of all his or her assets, showing 23 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 24 “state the facts as to [the] affiant's poverty with some particularity, definiteness and 25 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal 26 quotations omitted). 27 / / / 28 1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit 1s 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, plaintiff's application states that she is not employed, and her only income is 6 ||$197.00 in food stamps. [Doc. No. 2, pp. 1-2.] Her only asset is a 2007 Dodge Charger 7 |}automobile. [Jd., pp. 2-3.] Her monthly expenses include $197.00 for food and $65.00 in 8 || vehicle expenses. [/d., pp. 4-5.] Therefore, the Court finds that plaintiff has sufficiently 9 || shown she lacks the financial resources to pay her filing fee. Accordingly, 10 IT IS HEREBY ORDERED THAT plaintiffs Application to Proceed with his 11 ||Complaint in forma pauperis is GRANTED. [Doc. No. 2.] 12 ||Dated: June 29, 2020 4h Ui 13 Mie» —__z_Z_Z=_ 14 Hon. Karen S. Crawford United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28