Latour v. Commissioner of Social Security

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 DEBRA L., Case No.: 20-CV-42 JLS (BGS) 12 Plaintiff, ORDER DENYING MOTION TO 13 v. PROCEED IFP 14 COMMISSIONER OF SOCIAL SECURITY (ECF No. 3) [15] Defendant. [17] 18 Plaintiff Debra L. has filed a Complaint seeking judicial review of the Social 19 Security Administration’s denial of Plaintiff’s disability claim (ECF No. 1) and a Motion 20 for Leave to Proceed in Forma Pauperis (“IFP”) (“Mot.,” ECF No. 3). For the reasons set 21 forth below, the Court DENIES Plaintiff’s Motion to Proceed IFP with leave to pay the 22 filing fee. 23 Under 28 U.S.C. § 1915 (a), the Court may authorize a plaintiff to pursue a case 24 without payment of the filing fee. Whether an affiant has satisfied § 1915(a) falls within 25 “the reviewing court[’s] . . . sound discretion.” California Men’s Colony v. Rowland, 939 26 F.2d 854, 858 (9th Cir. 1991), rev’d on other grounds, 506 U.S. 194 (1993). A party need 27 not “be absolutely destitute” to proceed IFP. Adkins v. E.I. DuPont de Nemours & Co., [28] 335 U.S. 331, 339 (1948). “Nonetheless, a plaintiff seeking IFP status must allege poverty 1 ‘with some particularity, definiteness, and certainty.’” Escobedo v. Applebees, 787 F.3d 2 1226, 1234 (9th Cir. 2015) (citing United States v. McQuade, 647 F.3d 938, 940 (9th Cir. 3 1981). “An affidavit in support of an IFP application is sufficient where it alleges that the 4 affiant cannot pay the court costs and still afford the necessities of life.” Id. “But, the same 5 even-handed care must be employed to assure that federal funds are not squandered to 6 underwrite, at public expense, either frivolous claims or the remonstrances of a suitor who 7 is financially able, in whole or in part, to pull his own oar.” Temple v. Ellerthorp, 586 F. 8 Supp. 848, 850 (D. R.I. 1984) 9 Here, the IFP application indicates the total amount that Plaintiff “expect[s] [she] 10 will continue to receive each month” is $5,876.93. (Mot. at 3.) She indicates she has 11 $1,437.19 in checking accounts. (Id. at 4.) And, the total of her monthly debts and 12 obligations is between $5,051.94 and $5,251.94.1 (Id. at 8–9.) The amount of money 13 Plaintiff indicates she expects to continue to receive on a monthly basis exceeds her 14 monthly debts and obligations by more than $600 to $800. Additionally, among Plaintiff’s 15 monthly debts and obligations is $400 for recreation. 16 Based on this information, the Court finds Plaintiff has not shown she cannot pay 17 the court costs and still afford the necessities of life. The amount of money Plaintiff 18 indicates she expects to receive on a monthly basis exceeds her expected monthly debts 19 and obligations by enough that she could pay the one-time filing fee without impacting her 20 regular expenses. Additionally, her debts and obligations include at least one item that is 21 not a necessity of life and could be foregone or reduced to pay the filing fee. 22 /// 23 /// 24 /// [26] 27 1 The Court list’s Plaintiff’s financial obligations as a range because it is not clear if Plaintiff’s obligations under Question No. 9 includes the $200 per month she contributes to supporting her son, listed under [28] 1 CONCLUSION 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff’s Motion to Proceed IFP (ECF No. 3) is DENIED; 4 2. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE for failure 5 to prepay the filing fee mandated by 28 U.S.C. §1914 (a); and 6 3. Plaintiff is GRANTED thirty (30) days from the date on which this Order is 7 electronically docketed to pay the entire $400 statutory and administrative filing fee. 8 IT IS SO ORDERED.