Smith v. Astrue

Filing 4

ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 10/25/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAKITA L. SMITH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

No. 11-CV-0948-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
On October 21, 2011, Jakita L. Smith filed a complaint against the
Commissioner of Social Security, for judicial review of an administrative agency’s
decision (Doc.2). Specifically, Smith seeks judicial review of the Commissioner’s
decision regarding her claims for supplemental social security benefits which
adversely affects her. Now before the Court is Smith’s motion to proceed in forma
pauperis (Doc. 3). Because the Court finds that Smith is indigent, the Court grants
the motion.
By granting a motion for pauper status, a court authorizes a lawsuit to proceed
without prepayment of fees. Under 28 U.S.C. § 1915(e)(2), the Court must screen
any indigent’s complaint (those filed by prisoners and non-prisoners alike) and
dismiss the complaint if (a) the allegation of poverty is untrue, (b) the action is
frivolous or malicious, (c) the action fails to state a claim upon which can be granted,
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or (d) the action seeks monetary relief against a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2).
Smith’s motion survives § 1915(e)(2) review. She signed a declaration
contained in her motion to proceed in forma pauperis documenting her poverty. The
action appears to be neither frivolous nor malicious. At this point, the Court cannot
conclude that the complaint fails to state a claim or that the named defendant is
immune from suit.
Accordingly, the Court GRANTS Smith’s application to proceed in forma
pauperis (Doc. 3). The Clerk of Court is DIRECTED to provide plaintiff’s counsel
with a blank form of summons and three blank forms USM-285. If counsel chooses
to have the United States Marshals Service effect service on plaintiff’s behalf, counsel
shall complete these documents and return them to the Clerk of Court; the Clerk
SHALL issue the completed summons. Pursuant to Federal Rule of Civil Procedure
4(i), the United States Marshal SHALL (1) send by registered or certified mail a copy
of the summons, the complaint, and this Memorandum and Order to defendant; (2)
personally deliver to or send by registered or certified mail addressed to the civilprocess clerk at the office of the United States Attorney for the Southern District of
Illinois a copy of the summons, the complaint, and this Memorandum and Order;
and (3) send by registered or certified mail to the Attorney General of the United
States at Washington, D.C., a copy of the summons, the complaint, and this
Memorandum and Order. All costs of service shall be advanced by the United States,
and counsel shall provide all necessary materials and copies to the United States
Marshals Service.
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Plaintiff is ADVISED pursuant to Rule 4(m) that this action may be dismissed
without prejudice if service is not effected within 120 days of the date of this
Memorandum and Order.
IT IS SO ORDERED.
Signed this 25th day of October, 2011.
Digitally signed by
David R. Herndon
Date: 2011.10.25
12:40:25 -05'00'

Chief Judge
United States District Court

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