Lumpkin v. Astrue

Filing 7

ORDER granting 6 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 12/28/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONNIE LUMPKIN,

Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

No. 11-CV-1131-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
On December 22, 2011, Ronnie Lumpkin filed a complaint against the
Commissioner of Social Security, for judicial review of an administrative agency’s
decision (Doc. 2). Specifically, Lumpkin seeks judicial review of the Commissioner’s
decision regarding his claims for social security which adversely affects him. Now
before the Court is Lumpkin’s motion to proceed in forma pauperis (Doc. 6).
Because the Court finds that Lumpkin 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,
or (d) the action seeks monetary relief against a defendant who is immune from such
Page 1 of 3

relief. 28 U.S.C. § 1915(e)(2).
Lumpkin’s motion survives § 1915(e)(2) review. He signed a declaration
contained in his motion to proceed in forma pauperis documenting his 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 Lumpkin’s application to proceed in forma
pauperis (Doc. 6). 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.
Plaintiff is ADVISED pursuant to Rule 4(m) that this action may be dismissed
Page 2 of 3

without prejudice if service is not effected within 120 days of the date of this
Memorandum and Order.
IT IS SO ORDERED.
Signed this 28th day of December, 2011.

David R. Herndon
2011.12.28
12:15:54 -06'00'
Chief Judge
United States District Court

Page 3 of 3