James Elder v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Off. of Dis. Adjud. & Review

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES ELDER,
Plaintiff - Appellant,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION, Off. of
Dis. Adjud. & Review,
Defendant - Appellee.
No. 10-56998
D.C. No. 5:10-cv-01353-UA-JCG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, Chief Judge, Presiding
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
James Elder appeals pro se from the district court’s order denying his
request to proceed in forma pauperis. We have jurisdiction under 28 U.S.C.
FILED
MAR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-56998 2
§ 1291. We review for an abuse of discretion. Tripati v. First Nat’l Bank & Trust,
821 F.2d 1368, 1369 (9th Cir. 1987). We reverse and remand.
The district court did not have the benefit of full information regarding
Elder’s financial situation. Based upon additional information submitted on
appeal, we reverse the denial of Elder’s request to proceed in forma pauperis and
remand for further proceedings. See Rowland v. Cal. Men’s Colony, 506 U.S. 194,
203 (1993) (an individual is indigent under 28 U.S.C. § 1915 if he is unable to pay
fees and still provide the necessities of life for himself and any dependents).
Elder shall bear his own costs on appeal.
REVERSED and REMANDED.

-- 2 of 2 --