Cortez v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Daniel E. Butcher (author)
Analysis
Plaintiff Emilia C. filed an application to proceed in forma pauperis in a civil action against the Commissioner of Social Security. 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“Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the financial resources to pay her filing fee and GRANTS her Application.” | agree with court The court correctly applied the statutory standard of 28 U.S.C. § 1915(a) and the Ninth Circuit precedent from United States v. McQuade. The plaintiff's affidavit detailed specific income (Cash Aid and food stamps), minimal assets (cash and checking account), and monthly expenses that exceeded her income. Although the plaintiff listed a vehicle worth $2,000, the court implicitly or explicitly determined that this asset did not negate her inability to pay the fee while maintaining necessities, consistent with the holding in Adkins v. E.I. DuPont de Nemours & Co. that complete destitution is not required. The decision follows logically from the recited facts and cited law. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law authorities for granting IFP status. It recites the specific financial details from the affidavit to support the finding of poverty. The reasoning is concise but sufficient for this type of procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EMILIA C., Case No.: 23-CV-350-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Commissioner of Social Security, 15 [DKT. NO. 2] Defendant. 16 17 Before the Court is Plaintiff Emilia C.’s Application to Proceed In Forma Pauperis. 18 Dkt. No. 2. For the reasons set forth below, the Court GRANTS the Application. 19 A court may authorize the commencement of a suit without prepayment of fees if 20 the plaintiff submits an affidavit, including a statement of all his or her assets, showing that 21 he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state 22 the facts as to [the] affiant's poverty with some particularity, definiteness and certainty.” 23 United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). 24 A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. 25 DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it 26 shows that the applicant cannot pay the fee “and still be able to provide himself [or herself] 27 and dependents with the necessities of life.” Id. (internal quotations omitted). 28 1 Plaintiff is unemployed and has limited income and assets. She receives public 2 || assistance benefits from Cash Aid of approximately $390.00 per month. Dkt. No. 2 at 2. 3 ||She also receives $250.00 per month in food stamps. Jd. Her assets are approximately 4 $26.00 in cash and a checking account with an approximate balance of $12.00. Jd. Plaintiff 5 || lists a 2009 Chevy Cobalt worth $2,000.00 as “[a]ssets owned by you or your spouse.” Id. 6 3. Her monthly rent is $150.00. Jd. at 4. Her other monthly expenses of $655.00 consist 7 household utilities, food, laundry, car insurance, and transportation. /d. at 4—5. 8 Based on the foregoing, the Court finds Plaintiff has sufficiently shown she lacks the 9 || financial resources to pay her filing fee and GRANTS her Application. 10 IT IS SO ORDERED. 11 Dated: March 16, 2023 — 1 Dando oa 13 Honorable Daniel E. Butcher United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28