Alston v. Colvin

Filing 5

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Celestina Alston's Motion to Proceed In Forma Pauperis [ECF # 3 ] is GRANTED. IT IS FURTHER ORDERED that Celestina Alston's Motion for Appointment of Next Friend [ECF # 2 ] is GRANTED.To as sist the Court in further processing of this case, IT IS FURTHER ORDERED that, not later than, October 30, 2015, Celestina Alston shall file a Memorandum with the Court identifying A.E.S. by his/her full name and setting forth the reason(s) why she s eeks to proceed as next friend on A.E.S.'s behalf, that is, whether A.E.S. is a minor or an incompetent person. The Memorandum shall also include the date on which the Administrative Law Judge entered the decision that denied A.E.S.s claim for benefits. This Memorandum shall be filed UNDER SEAL in accordance with Local Rule 2.17(B). IT IS FURTHER ORDERED that process shall not issue on the Complaint until such additional information is received and filed with the Court. Signed by District Judge Catherine D. Perry on 10/08/15. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CELESTINA ALSTON,
as next friend of A.E.S.,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:15CV1461 CDP

MEMORANDUM AND ORDER
On September 23, 2015, Celestina Alston filed the instant action pro se on
behalf of “A.E.S.,” seeking review of a final decision by the Commissioner of
Social Security. Ms. Alston seeks to be appointed as next friend for A.E.S. as well
as to proceed in this case in forma pauperis. Ms. Alston’s requests will be granted,
but additional information is required before this case may proceed further.
First, Ms. Alston identifies herself as A.E.S.’s parent, but she provides no
other information regarding the identity of A.E.S. – most importantly, his/her
name. Although Ms. Alston identifies two dependents by name on her financial
affidavit, I note that both dependents share the same initials of “A.E.S.” As such,
this Court and the Commissioner of Social Security are unable to glean from the
present record which “A.E.S.” Ms. Alston seeks to proceed on behalf of. This
information is necessary.

In addition, I may appoint a next friend to proceed in a civil action on behalf
of a minor and/or incompetent person. Fed. R. Civ. P. 17(c)(2). While Ms. Alston
indicates in her filings that she is the parent of A.E.S., she provides no basis for her
request to proceed as next friend, that is, that A.E.S. is a minor and/or an
incompetent person. Accordingly, I will order Ms. Alston to provide this
information so that the record in this regard is complete. Because this information
may contain personal identifiers relating to the identity of a minor, I will instruct
Ms. Alston to file this information under seal. See Local Rule 2.17(B).
I also note that Ms. Alston contends in her pro se Complaint that she
received notice of Appeals Council action on September 10, 2015. Although this
information is significant in determining the timeliness of the Complaint, it would
also be helpful to know the date on which the Administrative Law Judge entered
the decision that denied A.E.S.’s claim for benefits. I will order Ms. Alston to
provide this information as well.
Finally, I have reviewed Ms. Alston’s financial affidavit and find her unable
to pay the filing fee. See 28 U.S.C. § 1915. She will therefore be permitted to
proceed in this case in forma pauperis.
Accordingly,
IT IS HEREBY ORDERED that Celestina Alston’s Motion to Proceed In
Forma Pauperis [ECF #3] is GRANTED.
IT IS FURTHER ORDERED that Celestina Alston’s Motion for
Appointment of Next Friend [ECF #2] is GRANTED.
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To assist the Court in further processing of this case,
IT IS FURTHER ORDERED that, not later than, October 30, 2015,
Celestina Alston shall file a Memorandum with the Court identifying A.E.S. by
his/her full name and setting forth the reason(s) why she seeks to proceed as next
friend on A.E.S.’s behalf, that is, whether A.E.S. is a minor or an incompetent
person. The Memorandum shall also include the date on which the Administrative
Law Judge entered the decision that denied A.E.S.’s claim for benefits. This
Memorandum shall be filed UNDER SEAL in accordance with Local Rule
2.17(B).
IT IS FURTHER ORDERED that process shall not issue on the
Complaint until such additional information is received and filed with the Court.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 8th day of October, 2015.

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