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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RANDY KORNELL ADAMS, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) 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). 1 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 2

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