Koschier v. Commissioner of Social Security

[6] 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA [9] 10 SHERRI K., Case No.: 20cv1916-MDD 11 Plaintiff, ORDER GRANTING MOTION TO 12 v. PROCEED IN FORMA PAUPERIS 13 COMMISSIONER OF SOCIAL SECURITY, [14] Defendant. [ECF No. 2] [15] 16 On September 25, 2020, Plaintiff Sherri K. (“Plaintiff”) filed this social 17 security appeal pursuant to Section 205(g) of the Social Security Act, 42 18 U.S.C. § 405 (g), challenging the denial of her application for disability 19 insurance benefits. (ECF No. 1). Plaintiff simultaneously filed a motion to 20 proceed in forma pauperis (“IFP”). (ECF No. 2). For the reasons set forth 21 herein, the Court GRANTS Plaintiff’s motion to proceed IFP. 22 DISCUSSION 23 All parties instituting any civil action, suit, or proceeding in a district 24 court of the United States, except an application for writ of habeas corpus, [26] 1 must pay a filing fee of $400.1 See U.S.C. § 1914(a). An action may proceed 2 despite plaintiff’s failure to prepay the entire fee only if he is granted leave to 3 proceed IFP pursuant to 28 U.S.C. § 1915 (a). See Rodriguez v. Cook, 169 F.3d 4 1176, 1177 (9th Cir. 1999). “To proceed [IFP] is a privilege not a right.” 5 Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not be 6 completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & 7 Co., 335 U.S. 331, 339-40 (1948). But “the same even-handed care must be 8 employed to assure that federal funds are not squandered to underwrite, at 9 public expense, either frivolous claims or remonstrances of a suitor who is 10 financially able, in whole or in part, to pull his own oar.” Temple v. 11 Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). 12 As such, “the facts as to [an] affiant's poverty” must be stated “‘with 13 some particularity, definiteness, and certainty.’” United States v. McQuade, [14] 647 F.2d 938, 940 (9th Cir. 1981) (quoting Jefferson v. United States, 277 15 F.2d 723, 725 (9th Cir. 1960)). “It is important for litigants applying to 16 proceed without prepaying fees and costs to accurately and honestly report 17 their income, assets, and expenses[.]” Archuleta v. Arizona, No. CV 19-05466 18 PHX CDB, 2019 U.S. Dist. LEXIS 186262 , at *1 (D. Ariz. Oct. 25, 2019). An 19 applicant must "[c]omplete all questions" in his application and "not leave 20 any blanks[.]" Id. 21 Plaintiff receives $765.00 a month in income and has a checking 22 account with $38.00 in it. (ECF No. 2 at 2). Plaintiff also reports $765.00 in 23 monthly expenses. (Id. at 4-5). Plaintiff’s affidavit sufficiently shows [25] 1 In addition to the $350.00 statutory fee, civil litigants must pay an additional 26 administrative fee of $50.00. See 28 U.S.C. § 1914 (b) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. June 1, 2016)). The additional $50.00 1 || Plaintiff is unable to pay the fees or post securities required to maintain this 2 action because her expenses equal her income. 3 CONCLUSION 4 Accordingly, the Court GRANTS Plaintiffs motion to proceed IFP. The 5 ||Court has also reviewed Plaintiff's complaint and concludes it is not subject 6 || to sua sponte dismissal under 28 U.S.C. § 1915 (e)(2)(B). 7 IT IS SO ORDERED. Dated: September 25, 2020 Mitel by. [ Hon. Mitchell D. Dembin 10 United States Magistrate Judge