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Husted v. Saul, 19cv1435-BEN(KSC). (2019)

Court: District Court, N.D. California Number: infdco20191011e17 Visitors: 16
Filed: Oct. 03, 2019
Latest Update: Oct. 03, 2019
Summary: ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS [Doc. No. 2.] KAREN S. CRAWFORD , Magistrate Judge . On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M. Saul, Commissioner of the Social Security Administration, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The Application is in the form
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ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS [Doc. No. 2.]

On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M. Saul, Commissioner of the Social Security Administration, seeking review of a final adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The Application is in the form of an affidavit. [Doc. No. 2, at p. 1.]

A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must "state the facts as to [the] affiant's poverty with some particularity, definiteness and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted).

A party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate if it shows that the applicant cannot pay the fee "and still be able to provide himself [or herself] and dependents with the necessities of life." Id. (internal quotations omitted). Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also receives some financial assistance from parents. The affidavit also indicates that plaintiff's basic living expenses exceed this $500 in income. Therefore, the Court finds that plaintiff has submitted an affidavit which sufficiently shows a lack of financial resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED. [Doc. No. 2.]

IT IS SO ORDERED.

Source:  Leagle

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