Manjarrez v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court considered Plaintiff Ignacio M.'s Application to Proceed In Forma Pauperis. 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 Plaintiff's Application to Proceed In Forma Pauperis“Accordingly, the IFP Application is GRANTED.” | agree with court The court correctly applied the standard from 28 U.S.C. § 1915(a) and *Adkins v. E.I. DuPont de Nemours & Co.*. The record recited in the order shows the plaintiff earns $150/month, is supported by family, and has expenses meeting or exceeding income. This satisfies the requirement that the applicant cannot pay the fee and still provide for the necessities of life. The decision follows logically from the cited law and the stated facts. |
The order itself: sound — The order is a standard procedural ruling. It correctly identifies the statutory standard, cites the relevant Ninth Circuit and Supreme Court precedent regarding the 'necessities of life' test, and applies those standards to the specific facts recited in the affidavit (income vs. expenses). The reasoning is complete for the purpose of the motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IGNACIO M., Case No.: 23-cv-1926-KSC 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] 14 KILOLO KIJAKAZI 15 Defendant. 16 17 Plaintiff’s Application to Proceed In Forma Pauperis (“IFP Application”) is before 18 the Court. A court may authorize the commencement of a suit without prepayment of fees 19 if the plaintiff submits an affidavit, including a statement of all his or her assets, showing 20 that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 21 “state the facts as to [the] affiant's poverty with some particularity, definiteness and 22 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal 23 quotations omitted). A party need not be completely destitute to proceed in forma pauperis. 24 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is 25 sufficient if it shows that the applicant cannot pay the fee “and still be able to provide 26 himself [or herself] and dependents with the necessities of life.” Id. (internal quotations 27 omitted). 28 1 Here, plaintiff's IFP Application states that he earns only $150 per month from 2 || “small jobs,” and he is currently being supported by his mother and sister. Doc. No. 2 at 5. 3 || Plaintiff's monthly living expenses appear to meet or exceed his income. /d. at 3-4. 4 || Therefore, the Court finds plaintiff has sufficiently shown he lacks the financial resources 5 pay the filing fee. Accordingly, the IFP Application is GRANTED. 6 Dated: October 20, 2023 Uy iia 7 Ms LM a g Hon. Karen S. Crawford 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28