Phillips

Phillips v. Commissioner of Social Security

Good Law
United States District Court, Southern District of CaliforniaJune 2, 20253:25-cv-00952California357 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Jennifer N. Phillips, ) Case No.: 25-CV-0952-BEN-KSC ) Plaintiff, ) ORDER DENYING APPLICATION v. ) TO PROCEED IN FORMA ) PAUPERIS Commissioner of Social Security, ) Defendant. ) Plaintiff’s Application to Proceed In Forma Pauperis (“IFP Application”) is before the Court Doc. No. 2. 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) (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, 339–340 (1948). An affidavit is sufficient if it shows that the applicant…

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