Safrang v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Daniel E. Butcher (author)
Analysis
The court considered Plaintiff Bozorgmehr S.'s application to proceed in district court without prepaying fees or costs. 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 District Court Without Prepaying Fees or Costs granted“Accordingly, Plaintiff's Application is GRANTED.” | agree with court The court correctly applied the statutory standard for in forma pauperis status under 28 U.S.C. § 1915(a). The plaintiff's affidavit stated specific facts regarding unemployment, income from food stamps, minimal assets, and living with family, which satisfies the requirement to show inability to pay the fee while retaining the necessities of life. The decision follows from the law and the record recited in the order. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law authorities for granting in forma pauperis status. It accurately recites the facts from the plaintiff's application and applies the correct legal standard. There are no gaps in reasoning or missing authorities for this type of procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BOZORGMEHR S., Case No.: 22-cv-1946-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN DISTRICT COURT WITHOUT PREPARYING 14 KILOLO KIJAKAZI, Commissioner of FEES OR COST Social Security, 15 Defendant. DKT. NO. 2 16 17 18 Before the Court is Plaintiff Bozorgmehr S.’s Application to Proceed in District 19 Court Without Prepaying Fees or Costs (“Application”). Dkt. No. 2. A court may authorize 20 the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, 21 including a statement of all assets, showing inability to pay the filing fee. See 28 U.S.C. § 22 1915(a). The affidavit must “state the facts as to [the] affiant’s poverty with some 23 particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 24 (9th Cir. 1981). An affidavit is sufficient if it shows the applicant cannot pay the fee “and 25 still be able to provide [applicant] and dependents with the necessities of life.” Rowland v. 26 California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993) 27 (internal quotations omitted). 28 / / 1 Here, Plaintiff's Application states Plaintiff is unemployed and Plaintiff's only 2 ||income is $280.00 per month in food stamps. Dkt. No. 2 at 2. Plaintiff’s assets total $151, 3 ||including cash and checking accounts. Jd. at 2—3. Plaintiff lives with family. Jd. at 4. 4 || Plaintiff's monthly expenses equal Plaintiff's monthly income. /d. at 4, 5. 5 Based on the foregoing, the Court finds Plaintiff has established a lack of financial 6 || resources to pay the filing fee. Accordingly, Plaintiff's Application is GRANTED. 7 IT IS SO ORDERED. 8 Dated: February 8, 2023 — Dok PT 10 Honorable Daniel E. Butcher United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28