Randolph v. Commissioner of Social Security Administration
- Proceeding
- district
- Area
- civil
- Panel
- Daniel E. Butcher (author)
Analysis
Plaintiff Mary R. filed an application to proceed in forma pauperis in a Social Security action. 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, Plaintiff's Application Proceed with her Complaint in forma pauperis is GRANTED.” | agree with court The court correctly applied the statutory standard of 28 U.S.C. § 1915(a) and the controlling Ninth Circuit precedent. The affidavit recited specific facts: unemployment, low public assistance income ($401/month), minimal assets (one car), and expenses ($740/month) exceeding income. This satisfies the requirement that the applicant show an inability to pay the fee and still provide for the necessities of life. The decision follows logically from the recited record and the cited law. |
The order itself: sound — The order is procedurally correct and substantively sound. It cites the correct statutory authority and binding case law from the Ninth Circuit and the Supreme Court. The factual findings (income, expenses, assets) are explicitly stated and directly support the legal conclusion that the plaintiff meets the IFP standard. There are no gaps in reasoning or missing authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARY R., Case No.: 22-cv-485-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 COMMISSIONER OF SOCIAL SECURITY, 15 [DKT. NO. 2] Defendant. 16 17 Before the Court is Plaintiff Mary R.’s Application to Proceed with her Complaint 18 in forma pauperis. Dkt. No. 2. A court may authorize the commencement of a suit without 19 prepayment of fees if the plaintiff submits an affidavit, including a statement of all her 20 assets, showing she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit 21 must “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 22 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). An affidavit is 23 sufficient if it shows the applicant cannot pay the fee “and still be able to provide [her]self 24 and dependents with the necessities of life.” Rowland v. California Men’s Colony, Unit II 25 Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations omitted). 26 27 28 1 Here, Plaintiff's application states she is unemployed and receives $401.00 per 2 ||month in public assistance. Dkt. No. 2 at 2, 3. Plaintiff's only asset is a 2006 Mitsubishi 3 || Galant. Id. at 3. 4 Plaintiff's monthly expenses exceed her monthly income. Her monthly expenses 5 ||average $740.00 and include rent payments, utilities, food, clothing, and motor vehicle 6 ||insurance. /d. at 4. Based on the foregoing, the Court finds Plaintiff has sufficiently shown 7 lacks the financial resources to pay her filing fee. Accordingly, Plaintiff's Application 8 Proceed with her Complaint in forma pauperis is GRANTED. 9 IT IS SO ORDERED. 10 ||Dated: April 18, 2022 — Dando oa 12 Honorable Daniel E. Butcher United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28