United States District Court, S.D. California
ORDER GRANTING MOTION TO PROCEED IFP [DOC. 3] AND
REFERRING TO MAGISTRATE FOR REPORT &
J. WHELAN, UNITED STATES DISTRICT JUDGE
November 3, 2017, Plaintiff Julie Ann Harrell
(“Plaintiff”) filed a complaint seeking review of
the denial of her claim for disability insurance benefits and
supplemental security income benefits under the Social
Security Act. Along with the complaint, Plaintiff filed a
motion to proceed in forma pauperis (“IFP”) [Doc.
determination of indigency falls within the district
court's discretion. California Men's Colony v.
Rowland, 939 F.2d 854, 858 (9th Cir. 1991), reversed
on other grounds, 506 U.S. 194 (1993) (“Section
1915 typically requires the reviewing court to exercise its
sound discretion in determining whether the affiant has
satisfied the statute's requirement of
well-settled that a party need not be completely destitute to
proceed in forma pauperis. Adkins v. E.I. DuPont de
Nemours & Co., 335 U.S. 331, 339-40 (1948). To
satisfy the requirements of 28 U.S.C. § 1915(a),
“an affidavit [of poverty] is sufficient which states
that one cannot because of his poverty pay or give security
for costs ... and still be able to provide himself and
dependents with the necessities of life.” Id.
at 339. At the same time, however, “the same
even-handed care must be employed to assure that federal
funds are not squandered to underwrite, at public expense,
... the remonstrances of a suitor who is financially able, in
whole or in material part, to pull his own oar.”
Temple v. Ellerthorpe, 586 F.Supp. 848, 850 (D.R.I.
courts, therefore, tend to reject IFP applications where the
applicant can pay the filing fee with acceptable sacrifice to
other expenses. See, e.g., Stehouwer v.
Hennessey, 851 F.Supp. 316, (N.D.Cal. 1994), vacated
in part on other grounds, Olivares v. Marshall,
59 F.3d 109 (9th Cir. 1995) (finding that district court did
not abuse discretion in requiring partial fee payment from
prisoner with $14.61 monthly salary and $110 per month from
family); Allen v. Kelly, 1995 WL 396860 at *2 (N.D.
Cal. 1995) (Plaintiff initially permitted to proceed in forma
pauperis, later required to pay $120 filing fee out of $900
settlement proceeds); Ali v. Cuyler, 547 F.Supp.
129, 130 (E.D. Pa. 1982) (in forma pauperis application
denied: “plaintiff possessed savings of $450 and the
magistrate correctly determined that this amount was more
than sufficient to allow the plaintiff to pay the filing fee
in this action.”). Moreover, the facts as to the
affiant's poverty must be stated “with some
particularity, definiteness, and certainty.” United
States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981).
read and considered the papers submitted, the Court finds
that based on the current record, Plaintiff meets the
requirements for IFP status under 28 U.S.C. § 1915.
According to her declaration, Plaintiff does not have
sufficient income to support herself, and lives with the
mother of her fiancé, who recently passed away.
(IFP App. [Doc. 3] ¶ 6.) Plaintiff has also
shown that she does not currently have any possessions of
significant value. Therefore, Plaintiffs IFP motion will be
Conclusion & Order
reasons addressed above, the Court GRANTS
Plaintiff's motion to proceed IFP [Doc. 3]. In light of
the Court's ruling on the IFP motion, the Court orders as
1. The United States Marshal shall serve a copy of the
Complaint filed on November 3, 2017 and an accompanying
summons upon Defendants as directed by Plaintiff on U.S.
Marshal Form 285. All costs of service shall be advanced by
the United States.
2. Defendant shall respond to the Complaint within the time
provided by the applicable provisions of the Federal Rules of
the Court hereby REFERS all matters arising
in this case to United States Magistrate Judge Karen S.
Crawford for a Report & Recommendation in accordance with
28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(c)(1)(c).
parties seek to file motions, they shall contact the chambers
of Judge Crawford to secure scheduling, filing, and hearing
dates. All motion(s) for summary judgment must be filed and