Robert Lamb v. Michael Astrue

Filing 920080409


Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-2114 ROBERT EMERSON LAMB, Plaintiff - Appellant, v. MICHAEL J. ASTRUE, Administration, Commissioner, Social Security Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:07-cv-00082-RBS) Submitted: March 26, 2008 Decided: April 9, 2008 Before NIEMEYER and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion. Robert Emerson Lamb, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Emerson Lamb applied to proceed in forma pauperis. After Lamb filed the Application to Proceed Without Prepayment of Fees and Affidavit and answered each question asked, the district court denied in forma pauperis status, stating that Lamb had sufficient income to pay a filing fee. Lamb was last employed in January 2007, and now receives disability benefits that, at their maximum, total $637 per month. Lamb asserted living expenses of $395 per month, but did not include in his expenses an accounting for medical care, clothing, gas, or other ordinary expenses beyond rent, food, and phone service. On this basis, we conclude Lamb is Thus, the district court not able to pay the $350 filing fee. abused its discretion. Accordingly, we grant in forma pauperis status on appeal, vacate the order of the district court, and remand with directions to allow Lamb to proceed in forma pauperis in the district court. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. VACATED AND REMANDED - 2 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?