Robert Lamb v. Michael Astrue

Filing 920080409

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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