Kaland v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
Plaintiff Gregory K. 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“Accordingly, plaintiffs Application to Proceed with his Complaint in forma pauperis [Doc. No. 2.]| is GRANTED.” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and *Adkins v. E.I. DuPont de Nemours & Co.*. The plaintiff's affidavit detailed specific assets (vehicles, checking account) and income (disability benefits ending, public assistance) against specific monthly expenses. The disparity between the plaintiff's projected income ($192/month) and expenses ($592/month), combined with the requirement to maintain necessities of life, supports the finding that he cannot pay the filing fee. The court's reliance on *United States v. McQuade* for the requirement of particularity is also appropriate. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law authorities for granting IFP status. It adequately recites the financial facts from the affidavit to support the conclusion. There are no significant gaps or errors in the application of the law.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GREGORY K., Case No.: 3:20-cv-2180-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] 14 ANDREW M. SAUL, Commissioner of Social Security, 15 Defendant. 16 17 On November 6, 2020, plaintiff Gregory K. commenced an action against Andrew 18 M. Saul, the Commissioner of Social Security, seeking review of a final adverse decision 19 of the Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed with his 20 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 that 23 he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state 24 the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” 25 United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). 26 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. 27 DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it 28 / / 1 ||shows that the applicant cannot pay the fee “and still be able to provide himself and 2 || dependents with the necessities of life.” Jd. (internal quotations omitted). 3 Here, plaintiffs application states that he is unemployed and has limited income and 4 ||assets. Although he reports $1000 per month in disability benefits, plaintiff states that this 5 || disability income will end in November, after which his only monthly income or benefits 6 || will be approximately $192 in public assistance. Doc. No. 2 at 2. Plaintiffs assets consist 7 ||of a checking account with a balance of $200, a 2009 Toyota 4-Runner valued at $6,000 8 ||and a 1956 Chevy Apache valued at $10,000. Jd. at 3. Plaintiff states he plans to sell his 9 || motorcycle and has not paid registration nor insurance for either of his vehicles. Jd. at 3- 10 Plaintiff's monthly expenses, which include food, utilities, and transportation, total 11 ||$592. Id. at 5. Therefore, the Court finds that plaintiff has sufficiently shown he lacks the 12 || financial resources to pay the filing fee. 13 Accordingly, plaintiffs Application to Proceed with his Complaint in forma 14 || pauperis [Doc. No. 2.]| is GRANTED. 15 || IT IS SO ORDERED. 16 ||Dated: November 17, 2020 Si LY YY 17 fae 18 Hon. Karen S. Crawford United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28