Walker v. Commissioner of Social Security

Filing 5

ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 5/27/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TAMMY HURLEY WALKER,
Plaintiff,
vs.

No.

14-0586-DRH

CAROLYN COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
MEMORANDUM and ORDER
HERNDON, Chief Judge:
On May 21, 2014, Tammy Hurley Walker filed a complaint against the
Commissioner of Social Security, for judicial review of an administrative agency’s
decision (Doc. 2). Specifically, Hurley seeks judicial review of the Commissioner’s
decision regarding her claims for social security benefits. Now before the Court is
her motion to proceed in forma pauperis (Doc. 3). Because the Court finds that
she 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
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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).
Hurley’s motion survives § 1915(e)(2) review.

She 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 Hurley’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 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 of service shall be

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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 27th day of May, 2014.

Digitally signed
by David R.
Herndon
Date: 2014.05.27
14:44:03 -05'00'
Chief Judge
United States District Court

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