Castillo v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
Plaintiff Angela C. filed a motion to proceed in forma pauperis in a Social Security appeal, but the court found the application deficient because it failed to provide complete information regarding her assets. The court denied the motion without prejudice, allowing the plaintiff to renew the motion with corrected information.
| What the court decided | The model |
|---|---|
Motion to proceed in forma pauperis denied without prejudice“Plaintiff's Application is DENIED WITHOUT PREJUDICE.” | agree with court The court correctly applied the requirement under 28 U.S.C. § 1915(a) that a plaintiff must provide an affidavit including a statement of all assets. The order recites that the plaintiff failed to provide complete information regarding assets despite explicit instructions, which prevents the court from assessing financial ability to pay. Denying without prejudice is the appropriate procedural remedy for a deficient IFP application. |
The order itself: sound — The order correctly identifies the statutory requirement for a complete statement of assets and applies the Ninth Circuit precedent requiring particularity in alleging poverty. The reasoning directly addresses the deficiency in the plaintiff's filing (incomplete asset information) and provides a clear path for relief (renewal without prejudice).
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGELA C., Case No.: 23-cv-198-KSC 12 Plaintiff, ORDER DENYING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 [Doc. No. 2] Defendant. 16 17 18 On February 2, 2023, plaintiff Angela C. commenced this action against Kilolo 19 Kijakazi, Acting Commissioner of Social Security, seeking review of a final adverse 20 decision of the Commissioner. Doc. No. 1. Plaintiff also moved to proceed in forma 21 pauperis. Doc. No. 2. A court may authorize the commencement of a suit without 22 prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or 23 her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). 24 The statute does not define “what constitutes insufficient assets,” but “‘[o]ne need not be 25 absolutely destitute to obtain [the] benefits of the in forma pauperis statute.’” Escobedo v. 26 Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citation omitted) (alteration in original). 27 However, a plaintiff who seeks to proceed in forma pauperis “must allege poverty ‘with 28 some particularity, definiteness and certainty.’” Id. (citation omitted). 1 Here, plaintiffs application states she receives no income. Doc. No. 2 at 1-2. 2 || Plaintiff also indicates she has no expenditures. Doc. No. 2 at 4-5. However, plaintiff has 3 ||not provided the Court with complete information regarding plaintiff’s assets [Doc. No. 2 4 1-2], notwithstanding the explicit instructions to leave no portion of the application 5 || blank, and the Court is therefore unable to assess whether plaintiff “cannot pay the court 6 and still afford the necessities of life.” Escobedo, 787 F.3d at 1234 (citing Adkins v. 7 || EL. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). Therefore, the Court finds that 8 || plaintiff has not shown she lacks the financial resources to pay the filing fee. 9 Plaintiff's Application is DENIED WITHOUT PREJUDICE. The Court will 10 ||consider a renewed motion that corrects the above-described deficiencies. 11 || IT IS SO ORDERED. 12 ||Dated: February 2, 2023 Uy iia 13 My Lee a 14 Hon. Karen S. Crawford United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28