Cervantes

Cervantes v. O'Malley

Good Law
United States District Court, Southern District of CaliforniaJune 25, 20243:24-cv-01032California303 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JACQUELINE C. on behalf of JL, a Case No.: 24-cv-1032-KSC minor,

ORDER GRANTING APPLICATION

Plaintiff, TO PROCEED IN FORMA v. PAUPERIS [DOC. NO. 6] 14 MARTIN O’MALLEY, Commissioner of 15 Social Security, 16 Defendant.

18 Plaintiff filed an Application to Proceed in forma pauperis. Doc. No. 6. A court may 19 authorize the commencement of a suit without prepayment of fees if the plaintiff submits 20 an affidavit, including a statement of all his or her assets, showing that he or she is unable 21 to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the] 22 affiant's poverty with some particularity, definiteness and certainty.” United States v. 23 McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). A party need 24 not be completely destitute to proceed in forma pauperis. Adkins v. E.I. DuPont de 25 Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient if it shows that 26 the applicant…

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