Shambaugh v. Commissioner of Social Security

Filing 4

MEMORANDUM AND ORDER Granting 3 MOTION for Leave to Proceed in forma pauperis filed by Rickie L Shambaugh. Signed by Judge J. Phil Gilbert on 11/17/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICKIE L. SHAMBAUGH,
Plaintiff,
v.

Case No. 11-cv-976-JPG

MICHAEL ASTRUE, Commissioner of
Social Security,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Rickie L. Shambaugh’s motion for leave
to proceed in forma pauperis (Doc. 3). A federal court may permit an indigent party to proceed
without pre-payment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified
plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or
malicious. 28 U.S.C. § 1915(e)(2)(B)(i). The test for determining if an action is frivolous or
without merit is whether the plaintiff can make a rational argument on the law or facts in support
of the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain v. Miller, 708 F.2d 1241,
1247 (7th Cir. 1983). When assessing a motion to proceed in forma pauperis, a district court
should inquire into the merits of the plaintiff’s claims, and if the court finds them to be frivolous,
it should deny leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d 625, 626 (7th
Cir. 1982).
The Court is satisfied from Shambaugh’s affidavit that he is indigent. Furthermore, the
Court does not find anything in the file to indicate that this action is frivolous or malicious.
Therefore, the Court GRANTS the motion to proceed in forma pauperis without prepayment of
fees and costs (Doc. 3). The Court notes, however, that should it become apparent that the

action is frivolous or malicious at any time in the future, it may dismiss the case pursuant to 28
U.S.C. § 1915(e)(2)(B)(i).
If the plaintiff wishes the United States Marshal Service to serve process in this case, the
Court DIRECTS the plaintiff to provide to the United States Marshal Service the summons
issued in this case, the appropriately completed USM-285 forms and sufficient copies of the
complaint for service.
The Court further DIRECTS the United States Marshal, upon receipt of the
aforementioned documents from the plaintiff and pursuant to Federal Rule of Civil Procedure
4(c)(3), to serve a copy of the summons, complaint and this order upon the defendant
Commissioner of Social Security, the United States Attorney for the Southern District of Illinois
and the Attorney General of the United States, Washington, D.C., in the manner specified by
Federal Rule of Civil Procedure 4(i)(1) & (2), as directed by the plaintiff. Costs of service shall
be borne by the United States.
IT IS SO ORDERED.
DATED: November 17, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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