Martin

Martin v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaFebruary 8, 20233:22-cv-01926California643 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DONALD JOHN M., Case No.: 22-cv-1926-DEB

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. APPLICATION TO PROCEED IN

DISTRICT COURT WITHOUT

KILOLO KIJAKAZI, Commissioner of

PREPAYING FEES OR COSTS

Social Security, 15 Defendant. DKT. NO. 2

17 Before the Court is Plaintiff Donald John M.’s Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”). Dkt. No. 2. A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his assets, showing he is unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). An affidavit is sufficient if it shows the applicant cannot pay the fee “and still be able to provide himself and…

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