FILED □

2 OCT 02 2019 ; oi □□ et 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || S. HUSTED, Case No.: 19cv1435-BEN(KSC) a ORDER GRANTING APPLICATION 13 || V. TO PROCEED IN DISTRICT axorewa. sau, commisionror | COURTITHOUT PREPAVING 15 the Social Security Administration, 16 Defendant. 17 18 On July 30, 2019, plaintiff S. Husted commenced an action against Andrew M. 19 || Saul, Commissioner of the Social Security Administration, seeking review of a final 20 || adverse decision of the Commissioner. [Doc. No. 1.] Plaintiff also filed an Application to 21 Proceed in District Court Without Prepaying Fees or Costs. [Doc. No. 2.] The 22 || Application is in the form of an affidavit. [Doc. No. 2, at p. 1.] 23 A court may authorize the commencement of a suit without prepayment of fees if 24 plaintiff submits an affidavit, including a statement of all his or her assets, showing 25 || that he or she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must 26 || “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 27 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal 28 || quotations omitted).

1 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 2 || DuPont de Nemours & Co., 335 U.S. 331, 339B340 (1948). An affidavit is adequate 3 it shows that the applicant cannot pay the fee “and still be able to provide himself [or 4 herself] and dependents with the necessities of life.” Jd. (internal quotations omitted). 5 || Here, the affidavit indicates that plaintiffs income is $500 in alimony. Plaintiff also 6 receives some financial assistance from parents. The affidavit also indicates that 7 || plaintiffs basic living expenses exceed this $500 in income. Therefore, the Court finds 8 || that plaintiff has submitted an affidavit which sufficiently shows a lack of financial 9 || resources to pay the filing fee. Accordingly, IT IS HEREBY ORDERED THAT 10 || plaintiff's Application to Proceed with his Complaint in forma pauperis is GRANTED. 11 [Doc. No. 2.] 12 IT IS SO ORDERED. . 13 Dated: October , 2019 jj; / 14 15 Hon. Kgfen S. Crawford United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28