Fischer
Fischer v. Kijakazi
Opinion
Trial Court Opinion
I. BACKGROUND
18 On March 20, 2020, Plaintiff filed a Complaint seeking judicial review of the 19 administrative decision denying his application for Social Security benefits. ECF No. 1. 20 Along with the Complaint, Plaintiff filed a Request to Proceed in forma pauperis (“IFP”) 21 under 28 U.S.C. § 1915. ECF No. 2.
II. LEGAL STANDARD
23 A motion to proceed IFP presents two issues for the Court’s consideration. First, 24 the Court must determine whether the applicant has properly shown an inability to pay 25 the $400 filing fee under 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 26 1177 (9th Cir. 1999). To that end, each applicant seeking to proceed IFP must provide the 27 Court a signed affidavit including a statement of all the applicant’s assets. CivLR 3.2(a). 28 Second, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court must evaluate whether the Complaint sufficiently states a claim upon which relief may be granted before the Complaint is served. See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (“1915(e) not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim.”). …