Buggs v. Saul

Filing 3

ORDER Conditionally Granting In Forma Pauperis Status. That upon the filing of an application that is substantially in the form of Docket Entry #2 and contains Plaintiff's original signature, without further order, the Clerk shall issue process for the defendant named in the complaint, and the United States Marshal shall serve the summons and complaint pursuant to 28 U.S.C. §1915. Signed by Magistrate Judge Jane M. Virden on 7/1/20. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION

RHONDA BUGGS

PLAINTIFF

V.

NO. 3:20CV00192-GHD-JMV

ANDREW M. SAUL
Commissioner of Social Security

DEFENDANT

ORDER
Before the Court is the application of Rhonda Buggs for leave to proceed in this action
filed pursuant to 42 U.S.C. § 405(g) without prepayment of costs or giving security therefor [2].
The Court, having reviewed the application, finds Ms. Buggs’s application meets the financial
requirements for in forma pauperis status. Nevertheless, the declaration that the information in
the application is true under penalty of perjury is accompanied by Plaintiff’s purported electronic
signature, not her original signature.1 There is no provision in this Court’s local rules or
Administrative Procedures for Electronic Case Filing that allows non-attorneys to use electronic
signatures. Accordingly, it is
ORDERED:
1. That Plaintiff’s application to proceed in forma pauperis is conditionally
GRANTED, and Plaintiff is granted leave to proceed in this cause without prepayment of fees or
costs or giving security therefor on the condition that she refiles her application with her original
signature within twenty-one (21) days of the date of this order.
2. That upon the filing of an application that is substantially in the form of Docket Entry

1

All actions sought to be filed pursuant to 28 U.S.C. § 1915 must be accompanied by an affidavit signed by the
applicant under penalty of perjury that includes a statement of all assets which shows inability to pay initial fees or
give security. See 28 U.S.C. § 1915(a)(1).

#2 and contains Plaintiff’s original signature, without further order, the Clerk shall issue process
for the defendant named in the complaint, and the United States Marshal shall serve the
summons and complaint pursuant to 28 U.S.C. §1915.
3. That should Plaintiff fail to timely comply with this order, her in forma pauperis
motion may be denied.
THIS, the 1st day of July, 2020.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

2