Ramirez v. Commissioner of Social Security
- Proceeding
- district
- Area
- civil
- Panel
- Daniel E. Butcher (author)
Analysis
Plaintiff Jesus 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 |
|---|---|
Grant of Application to Proceed in Forma Pauperis“Accordingly, Plaintiff's Application to Proceed with the 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 Ninth Circuit precedent requiring a showing of poverty with particularity. The record recited in the order (unemployment, $340/month income, no assets, expenses equal to income) supports the conclusion that the plaintiff cannot pay the fee without sacrificing necessities of life. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law authorities for the standard of review. The factual findings are explicitly stated and support the legal conclusion. There are no gaps in the reasoning regarding the specific motion before the court.
How this analysis was made · dispute it
inconsistent with cited authorityOpinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JESUS R., Case No.: 22-cv-1444-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 Jesus 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 he is unemployed and receives $340.00 per month 2 ||in food stamps. Dkt. No. 2 at 1, 2, 5. Plaintiff has no assets and lives with his mother. Jd. 3 3, 5. 4 Plaintiff's monthly expenses equal his monthly income. His monthly expenses total 5 $340.00, which Plaintiff spends on food. Jd. at 4. Based on the foregoing, the Court finds 6 || Plaintiff has sufficiently shown he lacks the financial resources to pay the filing fee. 7 || Accordingly, Plaintiff's Application to Proceed with the Complaint in forma pauperis is 8 || GRANTED. 9 IT IS SO ORDERED. 10 || Dated: September 28, 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