1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LAUREN S., Case No.: 23-cv-370-MMA (DEB)

12 Plaintiff,

ORDER DENYING MOTION TO

13 v. PROCEED IN FORMA PAUPERIS

14 KILOLO KIJAKAZI, Commissioner of Social Security, [Doc. No. 3] 15 Defendant. 16 17 18 19 20 Pending before the Court is Plaintiff Lauren S.’s Application to Proceed In Forma 21 Pauperis. Doc. No. 3. For the reasons set forth below, the Court DENIES Plaintiff’s 22 Application. 23 A court may authorize the commencement of a suit without prepayment of fees if 24 the plaintiff submits an affidavit, including a statement of all his or her assets, showing 25 inability to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the 26 facts as to [the] affiant’s poverty with some particularity, definiteness and certainty.” 27 United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations 28 omitted). A party need not be completely destitute to proceed in forma pauperis. Adkins 1 ||v. □□□ DuPont de Nemours & Co., 335 U.S. 331, 339-340 (1948). An affidavit is 2 || sufficient if it shows that the applicant cannot pay the fee “‘and still be able to provide 3 || himself [or herself] and dependents with the necessities of life.” /d. (internal quotations 4 || omitted). 5 Plaintiffs is unemployed and receives a monthly income of $250 from public- 6 |/assistance. See Doc. No. 3 at 2. Plaintiff has $0 in cash and no checking or savings 7 |;accounts. /d. at 2. Plaintiff has no assets. /d. at 3. Plaintiff also has no monthly 8 ||expenses. /d. at 4-5. Plaintiffs lack of expenses suggests Plaintiff may have the ability 9 pay the required filing fee. 10 Based on the foregoing, the Court cannot find Plaintiff is entitled to in forma 11 || pauperis status. The Court therefore DENIES WITHOUT PREJUDICE Plaintiff's 12 || Application. The Court ORDERS Plaintiff to pay the requisite fee within 30 days of the 13 || date of this Order or her case may be dismissed. 14 IT IS SO ORDERED. 15 Dated: March 22, 2023 16 WMaitel Wu - Lighter 17 HON. MICHAEL M. ANELLO 18 United States District Judge 19 20 21 22 23 24 25 26 27 28