1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARY R., Case No.: 22-cv-485-DEB

12 Plaintiff,

ORDER GRANTING APPLICATION

13 v. TO PROCEED IN FORMA

PAUPERIS

14 COMMISSIONER OF SOCIAL

SECURITY,

15 [DKT. NO. 2] Defendant. 16

17 Before the Court is Plaintiff Mary R.’s Application to Proceed with her Complaint 18 in forma pauperis. Dkt. No. 2. A court may authorize the commencement of a suit without 19 prepayment of fees if the plaintiff submits an affidavit, including a statement of all her 20 assets, showing she is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit 21 must “state the facts as to [the] affiant’s poverty with some particularity, definiteness and 22 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). An affidavit is 23 sufficient if it shows the applicant cannot pay the fee “and still be able to provide [her]self 24 and dependents with the necessities of life.” Rowland v. California Men’s Colony, Unit II 25 Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations omitted). 26 27 28 1 Here, Plaintiff's application states she is unemployed and receives $401.00 per 2 ||month in public assistance. Dkt. No. 2 at 2, 3. Plaintiff's only asset is a 2006 Mitsubishi 3 || Galant. Id. at 3. 4 Plaintiff's monthly expenses exceed her monthly income. Her monthly expenses 5 ||average $740.00 and include rent payments, utilities, food, clothing, and motor vehicle 6 ||insurance. /d. at 4. Based on the foregoing, the Court finds Plaintiff has sufficiently shown 7 lacks the financial resources to pay her filing fee. Accordingly, Plaintiff's Application 8 Proceed with her Complaint in forma pauperis is GRANTED. 9 IT IS SO ORDERED. 10 ||Dated: April 18, 2022 — Dando oa 12 Honorable Daniel E. Butcher United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28