Giles v. Commissioner of Social Security

Filing 4

ORDER DISMISSING CASE, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DENNIS GILES,
Plaintiff,
Case No. 14-10122
v.
Hon. John Corbett O’Meara
SOCIAL SECURITY COMMISSIONER,
Defendant.
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ORDER GRANTING APPLICATION TO PROCEED
IN FORMA PAUPERIS AND DISMISSING COMPLAINT
Plaintiff Dennis Giles filed his complaint and application to proceed without
prepayment of fees on January 13, 2014. The court finds Plaintiff’s application to
proceed in forma pauperis to be facially sufficient and, therefore, grants Plaintiff’s
motion to proceed without prepayment of fees. See 28 U.S.C. § 1915(a); Gibson v.
R.G. Smith Co., 915 F.2d 260, 262 (6th Cir. 1990).
Once a court grants a plaintiff permission to proceed in forma pauperis, it
must review the complaint pursuant to 28 U.S.C. § 1915(e). The court “shall
dismiss” the case if the court finds that it is “(i) frivolous or malicious; (ii) fails to
state a claim on which relief may be granted; or (iii) seeks monetary relief against a
defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).
Although Plaintiff’s complaint is styled as one for “judicial review of social

security decision,” Plaintiff appears to be seeking social security funds that are not
being paid directly to him as a result of the imposition of a guardianship. Plaintiff
has attached a petition to terminate the guardianship. To the extent the court
understands Plaintiff’s complaint, he has not stated a federal claim or a basis for
federal jurisdiction. Plaintiff’s complaint contains no allegations suggesting that
this court has either federal question (such as a violation of federal law) or
diversity jurisdiction, which requires an amount in controversy in excess of
$75,000. See 28 U.S.C. §§ 1331, 1332.
Therefore, IT IS HEREBY ORDERED that Plaintiff’s complaint is
DISMISSED.
s/John Corbett O’Meara
United States District Judge
Date: January 29, 2014

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, January 29, 2014, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager

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