Summary
The United States District Court for the Southern District of California denied Edward King’s application to proceed without prepaying fees or costs in an action seeking review of the denial of Social Security Disability Insurance benefits. The court found that King’s monthly VA disability income exceeded his expenses and that his available cash or account balances and other assets showed he could pay the $405 filing fee without impairing his ability to meet life’s necessities.
Holdings
- Plaintiff was not entitled to proceed in forma pauperis because he failed to establish that he could not pay the $405 filing fee without impairing his ability to pay for life's necessities.
Questions Presented
- Whether Plaintiff demonstrated under 28 U.S.C. § 1915(a) that he was unable to pay the $405 filing fee without sacrificing the necessities of life.
Disposition
other
Cases Cited (6)
- California Men's Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), reversed on other grounds by, 506 U.S. 194 (1993)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948)(followed)
- Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984)(followed)
- Allen v. Kelley, 1995 WL 396860, at *2 (N.D. Cal. 1995)(followed)
- Ali v. Cuyler, 547 F. Supp. 129, 130 (E.D. Pa. 1982)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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