Camp v. Berryhill

Filing 3

ORDER denying 2 MOTION (Sealed - Participants) to Proceed in forma pauperis to extent Pltf shall pay filing fee in $20 monthly installments to Clerk's office within 10 days from this Order until paid in full, (first $20 monthly installment of Filing Fee due by 5/24/2018); and USM directed to serve process upon Deft at govt expense. Signed by Senior Judge Graham Mullen on 5/14/2018. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18-cv-124-GCM
EUGENE N. CAMP, JR.,

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Plaintiff,
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vs.
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NANCY A. BERRYHILL,
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Acting Commissioner of Social Security,
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Defendant.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs, (Doc. No. 2).
In this matter, Plaintiff is seeking review of a final determination denying his claim for
Supplemental Security Income. See (Doc. No. 1). Plaintiff has filed an application to proceed in
forma pauperis which is pending before the Court. (Doc. No. 2).
The Court has considered Plaintiff’s affidavit, which shows that his spouse has monthly
income of $3,167. (Doc. No. 2 at 1-2). He lists as assets $300 in a joint checking account, $2,700
in a joint savings account, a home worth $120,000, and motor vehicles worth a total of $14,000.
(Doc. No. 2 at 2-3). The family’s monthly expenses total $2,564, including $680 for housing,
$450 for utilities, and $600 for food. (Doc. No. 2 at 4-5). He expects major changes to his
monthly liabilities within the next twelve months in that his spouse has $121,000 in federal
student loans that will come due within the next year. (Doc. No. 2 at 5). He expects to spend
25% of his back pay benefit to his lawyer in connection with this case. (Doc. No. 2 at 5).
Considering Plaintiff’s representations in his financial affidavit, it appears that he has
substantial assets and his spouse’s monthly income presently exceeds the family’s monthly
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expenses. Therefore, the Court finds that Plaintiff is able to pay at least a portion of the filing fee
each month until the fee is paid in full. The Court will, therefore, allow Plaintiff to pay monthly
installments of $20 until the fee is paid in full.
IT IS, THEREFORE, ORDERED that:
(1)

Plaintiff’s Motion to Proceed in Forma Pauperis, (Doc. No. 2), is DENIED to the
extent that Plaintiff shall pay the filing fee in monthly installments of $20 until the
fee is paid in full. Plaintiff shall pay the initial $20 installment to the Clerk’s
office within ten days of this Order.

(2)

The Clerk of Court is directed to notify the United States Marshal who, pursuant
to FED. R. CIV. P. 4(c)(3), shall serve process upon Defendant, in accordance with
FED. R. CIV. P. 4(i)(1) and (2), and/or as directed by Plaintiff through Plaintiff’s
counsel. All costs of service shall be advanced by the United States. Any
recovery in this action will be subject to payment of fees and costs, including
service of process fees and the $400.00 filing fee.

Signed: May 14, 2018

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