Frank

Frank v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaAugust 12, 20203:20-cv-01548California1,249 words

Opinion

Trial Court Opinion

I. BACKGROUND

18 On August 11, 2020, Plaintiff filed a Complaint seeking judicial review of the 19 administrative decision denying her application for Social Security benefits. ECF No. 1. 20 Along with the Complaint, Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis 21 pursuant to 28 U.S.C. § 1915. ECF No. 3.

II. LEGAL STANDARD

23 A motion to proceed IFP presents two issues for the Court’s consideration. First, the 24 Court must determine whether the applicant has properly shown an inability to pay the 25 $400 filing fee under 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 26 (9th Cir. 1999). To that end, each applicant seeking to proceed IFP must provide the Court 27 a signed affidavit including a statement of all the applicant’s assets. CivLR 3.2(a). Second, 28 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.”). 6…

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