Kuhn

Kuhn v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaMarch 25, 20213:21-cv-00472California823 words

Opinion

Trial Court Opinion

I. BACKGROUND

18 On March 17, 2021, 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 (“IFP”) pursuant to 28 U.S.C. § 1915. ECF No. 6.1

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 26 27 1 Plaintiff originally filed a Motion to Proceed IFP at ECF No. 2. She later withdrew that 28 $400 filing fee under 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). To that end, each applicant seeking to proceed IFP must provide the Court a signed affidavit including a statement of all the applicant’s assets. CivLR 3.2(a). 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…

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