Hanna v. Social Security Administration Commissioner

Filing 5

ORDER granting 4 Motion for Leave to Proceed in forma pauperis and directing complaint be filed nunc pro tunc as of January 6, 2010. The plaintiff is directed to serve a copy of the complaint and this order on the defendant by certified mail, retur n receipt requested, as well as the US Attorney General and US Attorney for Western District/Arkansas without prepayment of fees and costs. Defendant is to answer within 60 days from date of service. Signed by Honorable James R. Marschewski on January 20, 2010. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

TERRI K. HANNA v. CIVIL NO. 10-2006

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER

DEFENDANT

On January 7, 2010, Plaintiff submitted a complaint for filing in this district, together with a request for leave to proceed in forma pauperis. (Doc. #1). Subsequently, an order was issued directing the clerk to provisionally file the complaint prior to a determination regarding Plaintiff's status as an indigent. (Doc. #2). Pursuant to the order, Plaintiff submitted an amended in forma pauperis application on January 20, 2010. (Doc. #4). After review, it is found that Plaintiff is unable to pay for the costs of commencement of suit and, accordingly, the following order is entered: IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis be granted. The clerk is hereby directed to file the complaint nunc pro tunc as of January 6, 2010. Additionally, the court hereby directs that a copy of the complaint filed herein, along with a copy of this order, be served by the Plaintiff by certified mail, return receipt requested, on the Defendant, Michael J. Astrue, Commissioner, Social Security Administration, as well as Eric H. Holder, Jr., U.S. Attorney General, and Mark W. Webb, Assistant U.S. Attorney, without prepayment of fees and costs or security thereof. Defendant is ordered to answer within sixty (60) days from the date of service. IT IS SO ORDERED this 20th day of January 2010.

/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI CHIEF U.S. MAGISTRATE JUDGE

AO72A (Rev. 8/82)