Martin
Martin v. Kijakazi
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…