Ellis-Sanders v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court reviewed plaintiff Oudree Samaiyah E.'s Application to Proceed In Forma Pauperis in a Social Security case. The court granted the application, finding that the plaintiff's financial affidavit demonstrated an inability to pay the filing fee without hardship.
| What the court decided | The model |
|---|---|
Application to Proceed In Forma Pauperis granted“IT IS HEREBY ORDERED THAT plaintiff's Application is GRANTED.” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and Ninth Circuit precedent. The plaintiff's affidavit detailed specific income (public assistance, child support, stamps) and expenses that exceeded her income, along with minimal assets. This satisfies the requirement that the affidavit state facts with particularity and shows she cannot pay the fee while maintaining necessities of life, as required by Adkins v. E.I. DuPont de Nemours & Co. The decision follows logically from the recited record and cited law. |
The order itself: sound — The order is procedurally correct and cites the appropriate statutory and case law for granting IFP status. It accurately recites the plaintiff's financial details from the affidavit and applies the 'necessities of life' standard to conclude that paying the fee would impose a hardship. There are no gaps in the reasoning for this specific procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 OUDREE SAMAIYAH E., Case No.: 23-cv-1655-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 [DKT. NO. 4] Defendant. 16 17 Before the Court is plaintiff Oudree Samaiyah E.’s Application to Proceed In Forma 18 Pauperis. Dkt. No. 4. 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. Doc. No. 4. She is a 2 ||single parent and she receives no support from family or friends. Id. at 5. She receives 3 || public assistance benefits of approximately $707.00 per month, and $452.00 per month in 4 stamps. Jd. at 2. Plaintiff also receives $262.00 per month in child support. Id. 5 || Plaintiff’s only asset is a 2009 Mitsubishi worth $1500.00. Jd. at 3. She has no savings or 6 ||checking account. /d. Plaintiff's monthly expenses total $1,422.00, including utilities, 7 clothing, laundry, transportation, car insurance, and other miscellaneous items. /d. at 4. 8 The Court finds paying the filing fee would impose a hardship on plaintiff. IT IS 9 ||) HEREBY ORDERED THAT plaintiff's Application is GRANTED. 10 ||Dated: September 20, 2023 Jl. Ke D Hort. Karen S. Crawford United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28