Wells v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court reviewed Plaintiff Shyritta W.'s 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 |
|---|---|
Granting Application to Proceed In Forma Pauperis“Accordingly, plaintiff's IFP Application is GRANTED.” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and controlling precedent (Adkins v. E.I. DuPont de Nemours & Co.) that a party need not be completely destitute, only unable to pay fees while retaining necessities of life. The recited facts (income of $722/month vs. expenses of $675/month plus impending loss of food stamps) support the finding of good cause. |
The order itself: sound — The order correctly identifies the statutory basis and the relevant case law standards for IFP status. It applies these standards to the specific financial figures provided in the plaintiff's affidavit. The reasoning is direct and the conclusion follows logically from the cited law and the recited facts.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHYRITTA W., Case No.: 22cv1668-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 3] 14 KILOLO KIJAKAZI, Commissioner of Social Security, 15 Defendant. 16 17 On May 4, 2020, plaintiff Shyritta W. commenced an action against Kilolo Kijakazi, 18 the Commissioner of Social Security, seeking review of a final adverse decision of the 19 Commissioner. Doc. No. 1. Plaintiff also filed an Application to Proceed In Forma Pauperis 20 (“IFP Application”). Doc. No. 3. A court may authorize the commencement of a suit 21 without prepayment of fees if the plaintiff submits an affidavit, including a statement of all 22 his or her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. § 23 1915(a). The affidavit must “state the facts as to [the] affiant's poverty with some 24 particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 25 (9th Cir.1981) (internal quotations omitted). A party need not be completely destitute to 26 proceed in forma pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339– 27 340 (1948). An affidavit is sufficient if it shows that the applicant cannot pay the fee “and 28 1 || still be able to provide himself [or herself] and dependents with the necessities of life.” Jd. 2 || (internal quotations omitted). 3 Here, plaintiff's application states plaintiff is unemployed and has limited income 4 ||and assets. Doc. No. 3 at 1-2. Specifically, plaintiff receives $250 per month in public 5 assistance, and $472 per month in “general relief.” Jd. at 2. Plaintiff’s monthly expenses, 6 || which include food, transportation, and shelter, total $675. /d. at 4-5. Plaintiff further notes 7 || “food stamps will be ceasing next month.” Jd. at 5. Because plaintiff can barely cover the 8 ||costs of living under the status quo, and plaintiffs financial situation will only be getting 9 || worse,, the Court finds plaintiff has shown good cause to proceed in forma pauperis. 10 || Accordingly, plaintiff's IFP Application is GRANTED. 11 Dated: October 26, 2022 Yy JA 13 Hori. Karen 8S. Crawford United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28