1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHERREL S., Case No.: 23-cv-2174-KSC

12 Plaintiff,

ORDER GRANTING APPLICATION

13 v. TO PROCEED IN FORMA

PAUPERIS [DOC. NO. 2]

14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16

17 Plaintiff filed an Application to Proceed In Forma Pauperis. Doc. No. 2. A court may 18 authorize the commencement of a suit without prepayment of fees if the plaintiff submits 19 an affidavit, including a statement of plaintiff’s assets, showing plaintiff is unable to pay 20 the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as to [the] 21 affiant's poverty with some particularity, definiteness and certainty.” United States v. 22 McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted). 23 A party need not be completely destitute to proceed in forma pauperis. Adkins v. 24 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–340 (1948). An affidavit is sufficient 25 if it shows that the applicant cannot pay the fee “and still be able to provide himself [or 26 herself] and dependents with the necessities of life.” Id. (internal quotations omitted). 27 28 1 Here, plaintiff's application is supported by a declaration showing essentially no 2 ||income or assets beyond public assistance sufficient to provide food. The Court finds 3 ||paying the filing fee would impose a hardship on plaintiff. Plaintiff's Application is 4 || therefore GRANTED. 5 || Dated: November 29, 2023 li. 6 Ms Lie a 7 Hon. Karen S. Crawford United States Magistrate Judge

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