BRYANT v. SOCIAL SECURITY ADMINISTRATION

Filing 39

ORDER DISMISSING 31 Motion for Reconsideration; GRANTING 33 MOTION for Leave to Appeal in forma pauperis filed by DONNITA BRYANT. Signed by SENIOR JUDGE MAURICE M PAUL on 6/3/2010. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DONNITA BRYANT, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, Defendant. _____________________________/ ORDER This matter is before the Court on two motions. The first is the Motion for Reconsideration regarding the Order Adopting Report and Recommendation, and subsequent Clerk's Judgment by Donnita Bryant, Doc. 31. The second is the Motion for Leave to Appeal in forma pauperis, Doc. 33, subsequent to the Notice of Appeal, Doc. 32. Ms. Bryant's appeal to the United States Court of Appeals for the Eleventh Circuit divests this Court of jurisdiction over the matters at issue in the appeal, except to the extent that this Court must act in aid of the appeal. United States v. Hitchmon, 602 F.2d 689, 692 (5th Cir. 1979) (en banc). Therefore, this Court cannot rule on the Motion for Reconsideration, and must dismiss it instead. As for the Motion for Leave to Appeal in forma pauperis, under Rule 24(a)(3) of the Federal Rules of Appellate Procedure, a party who was permitted to proceed in forma pauperis at the district-court level may proceed in forma pauperis on appeal without further authorization, unless the Court certifies that the appeal is not taken in good faith. An appeal is taken in good faith if it presents "legal points arguable on their merits (and therefore not frivolous)." Anders v. CASE NO. 1:08-cv-00173-MP-AK

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California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); see also Busch v. County of Volusia, 189 F.R.D. 687, 692-93 (M.D. Fla. 1999). Here, Ms. Bryant argues in her Notice of Appeal, Doc. 32, that her son's Attention Deficit Hyperactivity Disorder ("ADHD") limits her son enough to warrant Social Security relief. She argues that because of this disability, her son is not operating at the proper academic level for children his age, and therefore deserves Social Security compensation. She further attaches medical records by way of argument that his blood pressure and asthma disable him enough to warrant relief. The Court analyzed these issues and disagreed with her position, but declines to certify that her appeal is in bad faith. Additionally, she has submitted the required affidavit to show that she is financially unable to bear the usual costs of appeal. Accordingly, ORDERED AND ADJUDGED: 1. 2. The Motion for Reconsideration, Doc. 31, is DISMISSED. The Motion for Leave to Appeal in forma pauperis, Doc. 33, is GRANTED. 3rd day of June, 2010

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:08-cv-00173-MP-AK