ODIO ALVAREZ v. SAUL

Filing 5

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. ORDER granting 3 Motion for Leave to Proceed in forma pauperis. USM Service ordered . Summonses provided for issuance by Clerk for USM Service. Re: 1 Complaint,, filed by ROSALBA ODIO ALVAREZ. Signed by Judge Beth Bloom on 11/17/2020. See attached document for full details. (amb)

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Case 1:20-cv-24711-BB Document 5 Entered on FLSD Docket 11/18/2020 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-24711-BLOOM/Otazo-Reyes ROSALBA ODIO ALVAREZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________/ ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS THIS CAUSE is before the Court upon Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs, ECF No. [3] (“Motion”). The Motion represents that Plaintiff earns no wages, has no money in a checking or savings account, and has no credit cards, but notes that her monthly expenses are paid from her husband’s SSI check. Id. at 2. She also indicates that her husband owns a car worth approximately $700.00, and that owes debts of $218.00 in unpaid medical expenses and $40.00 to JMH. Id. Upon review of the record, the Court determines that Plaintiff is unable to pay the court filing fee, as required for indigent status under 28 U.S.C. § 1915. “When a court grants a litigant leave to proceed IFP, the officers of the court must ‘issue and serve all process.’” Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010); Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. §1915[.]”). Plaintiff filed her proposed summonses. See ECF Nos. [1-4], [1-5], & [1-6]. Case 1:20-cv-24711-BB Document 5 Entered on FLSD Docket 11/18/2020 Page 2 of 2 Case No. 20-cv-24711-BLOOM/Otazo-Reyes Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [3], is GRANTED. The Clerk of Court is DIRECTED to transmit a copy of this Order to the Office of the U.S. Marshal, which shall undertake to SERVE on Defendant the Complaint and the proposed summonses. DONE AND ORDERED in Chambers at Miami, Florida, on November 17, 2020. ____________________________________ BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record 2

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