(SS) Dominguez v. Commissioner of Social Security
1:23-cv-01785
E.D. Cal.Jan 5, 2024Background
- Plaintiff Jennifer Dominguez filed a complaint in federal court and sought to proceed without paying the court’s filing fee (in forma pauperis) under 28 U.S.C. § 1915.
- The application was reviewed under federal law, which grants courts discretion to allow such status only if the plaintiff demonstrates inability to pay fees without sacrificing life necessities.
- Dominguez’s affidavit stated her three-person household has an income of $4,889 per month ($58,668 annually).
- The court compared this income to the 2023 federal poverty guideline for a household of three, which is $24,860.
- Plaintiff’s reported income is approximately 235% of the poverty threshold.
- The magistrate judge issued findings recommending denial of in forma pauperis status and requiring the filing fee to be paid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for In Forma Pauperis | Dominguez cannot afford filing fees due to financial circumstances | (Not stated in opinion; court proceeds on its review) | Application denied; plaintiff’s income is too high to qualify |
Key Cases Cited
- Smart v. Heinze, 347 F.2d 114 (9th Cir. 1965) (holding in forma pauperis is a privilege, not a right)
- Denton v. Hernandez, 504 U.S. 25 (U.S. 1992) (explaining Congressional intent behind in forma pauperis statute)
- Weller v. Dickinson, 314 F.2d 598 (9th Cir. 1963) (noting discretionary nature of in forma pauperis decisions)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (U.S. 1948) (articulating standard for inability to pay under in forma pauperis applications)