The opinion
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 KYLE T. K., Case No.: 21-cv-1451-AGS
4 Plaintiff, ORDER GRANTING PLAINTIFF’S
IN FORMA PAUPERIS STATUS
5 v.
(ECF 3)
6 Kilolo KIJAKAZI,
7 Defendant.
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9 Plaintiff moves to proceed in forma pauperis (IFP). Plaintiff qualifies to proceed
10 without paying the initial filing fee, and his complaint states a claim for relief. So, the Court
11 grants plaintiff’s motion.
12 Motion to Proceed In Forma Pauperis
13 Typically, parties instituting a civil action in a United States district court must pay
14 a filing fee of $402. 1 See 28 U.S.C. § 1914(a). But if granted the right to proceed in forma
15 pauperis, a plaintiff can proceed without paying the fee. Rodriguez v. Cook, 169 F.3d 1176,
16 1177 (9th Cir. 1999).
17 Here, plaintiff owns one asset—a car valued at $4,000—and has no cash on hand.
18 (ECF 3, at 3.) He has no income and no monthly expenses. (Id. at 4-5.) Plaintiff’s normal
19 monthly expenses are $673. (Id. at 1-2, 4-5.) The Court finds that plaintiff has sufficiently
20 shown an inability to pay the initial $402 fee. See Blount v. Saul, No. 21-CV-0679-BLM,
21 2021 WL 1561453, at *1 (S.D. Cal. Apr. 21, 2021) (“It is well-settled that a party need not
22 be completely destitute to proceed IFP.”).
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1 In addition to the $350 statutory fee, civil litigants must pay a $52 administrative
27 fee. See 28 U.S.C. § 1914(a); District Court Misc. Fee Schedule, § 14 (effective Dec. 1,
2020).
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1 28 U.S.C. § 1915(e) Screening
2 When reviewing an IFP motion, the court must screen the complaint and dismiss it
3 if it is frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant
4 immune from such relief. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1127
5 (9th Cir. 2000). In the Social Security context, a plaintiff’s complaint must set forth
6 sufficient facts to support the legal conclusion that the Commissioner’s decision was
7 incorrect. “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish
8 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that
9 the civil action was commenced within sixty days after notice of a final decision,” (2)
10 “indicate the judicial district in which the plaintiff resides,” (3) “state the nature of
11 plaintiff’s disability and when the plaintiff claims she became disabled,” and (4) “identify[]
12 the nature of the plaintiff’s disagreement with the determination made by the Social
13 Security Administration and show that plaintiff is entitled to relief.” Varao v. Berryhill,
14 No. 17-cv-02463-LAB-JLB, 2018 WL 4373697, at *2 (S.D. Cal. Jan. 31, 2018) (alteration
15 and citation omitted).
16 Plaintiff meets all four elements to survive a § 1915(e) screening. First, plaintiff
17 “exhausted all administrative remedies by seeking review with the Appeals Council,”
18 which denied his request on “June 14, 2021.” (ECF 1, at 4.) Next, plaintiff claims to reside
19 in Encinitas, California “within the jurisdictional boundaries of this Court.” (Id. at 1.) The
20 complaint also states the nature of plaintiff’s disability: “bipolar disorder, borderline
21 personality disorder, depression, attention deficit hyperactivity disorder (ADHD), and
22 anxiety disorder” which rendered him disabled since “June 21, 2017.” (Id. at 2-3.) Finally,
23 plaintiff identifies the nature of his disagreement with the Social Security Administration’s
24 determination, arguing first that the ALJ “improperly rejected the opinion of [Dr. Lord].”
25 (Id. at 4.) Based on these allegations, plaintiff’s complaint is sufficient to survive the “low
26 threshold” for proceeding past the § 1915(e) screening. Wilhelm v. Rotman, 680 F.3d 1113,
27 1123 (9th Cir. 2012).
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I Conclusion
2 For the reasons set forth above, the Court grants plaintiff's IFP motion.
3 ||Dated: August 17, 2021
5 Hon. ndrew G. Schopler
United States Magistrate Judge
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