Kohlhaas v. Commissioner of Social Security

Filing 5

ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 4/23/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SARAH KOHLHAAS,
Plaintiff,
vs.

No.

13-0382-DRH

CAROLYN COLVIN,
Commissioner, Social Security
Administration,
Defendant.
MEMORANDUM and ORDER
HERNDON, Chief Judge:
On April 18, 2013, Sarah Kohlhaas filed a complaint against the
Commissioner of Social Security, for judicial review of an administrative agency’s
decision (Doc. 2).

Specifically, Kohlhaas seeks judicial review of the

Commissioner’s decision regarding her claims for disability insurance benefits and
supplemental social security benefits. Now before the Court is Kohlhaas’ motion
to proceed in forma pauperis (Doc. 4). Because the Court finds that Kohlhaas 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
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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 relief. 28 U.S.C. § 1915(e)(2).
Kohlhaas’ 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 the application to proceed in forma
pauperis

(Doc. 4).

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 civil-process 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
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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 without prejudice if service is not effected within 120 days of the date of
this Memorandum and Order.
IT IS SO ORDERED.
Signed this 23rd day of April, 2013.

Digitally signed by
David R. Herndon
Date: 2013.04.23
10:48:45 -05'00'
Chief Judge
United States District Court

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