Adams v. Commissioner of Social Security

Filing 5

ORDER. For the reasons stated in the attached Order, the Court GRANTS (Doc. #2 ) Plaintiff's motion for leave to proceed in forma pauperis. Plaintiff shall carefully review this Order for information about obtaining service of process by the United States Marshals Service, if desired. Signed by Judge David W. Dugan on 4/27/2021. (arm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RANDY KORNELL ADAMS,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 21-cv-412-DWD

ORDER
DUGAN, District Judge:

leave to proceed in forma pauperis (Doc. 2). Two issues must be resolved before in forma
pauperis status can be granted: the plaintiff must show that he is indigent by submitting
atement of all assets [he] possesses [showing] that [he] is

be clearly frivolous or malicious. 28 U.S.C. § 1915(e)(2).
Here, the Court is satisfied that Plaintiff is indigent based on his affidavit, and the

the Court GRANTS

in forma pauperis without

prepayment of fees and costs. Plaintiff is warned, however, that should it become
apparent at any point in the future that this action is frivolous or malicious, this action
may be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

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If Plaintiff wishes for the United States Marshals Service to serve process in this
case, Plaintiff shall provide the United States Marshals Service with a summons issued in
this case, completed USM-285 forms, and sufficient copies of the complaint. The court
DIRECTS the United States Marshal, upon receipt of the aforementioned documents, to
serve a copy of the summons, complaint, and this Order upon Defendant Commissioner
of Social Security, the United States Attorney for the Southern District of Illinois, and the
Attorney General of the United States, pursuant to Federal Rule of Civil Procedure 4(c)(3)
and in the manner specified by Rule 4(i)(1) & (2). Costs of service shall be borne by the
United States.
This entire matter shall be REFERRED to a United States magistrate judge for
disposition, pursuant to Local Rule 72.2(b)(3) and 28 U.S.C. § 636(c), only if all parties
consent to such a referral.
SO ORDERED.
Dated: April 27, 2021
_____________________________
DAVID W. DUGAN
United States District Judge

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