Frye v. Astrue

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to Appear Pro Hac Vice added Howard D. Olinsky for Leonard Frye. Plaintiffs co-counsel, Mr. Bowling, shall prepare the necessary summons and submit the summons to the Clerk via Cyberclerk within seven (7) days of entry of this Order.. Signed by District Judge Frank D. Whitney on 10/4/2012. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-00649-FDW-DCK
LEONARD FRYE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on a review of Plaintiff’s Motion to Proceed
Without Prepayment of Fees or Costs in this action (“Application”), (Doc. No. 2), and on
an Application for Leave to Appear Pro Hac Vice, filed by Plaintiff’s North Carolina
counsel. (Doc. No. 3).
In his verified Application, Plaintiff reports monthly income from self-employment in the
amount of $200; $1007 a month in Veteran’s compensation; and $16 a month in food stamps.
(Id. at 2). Plaintiff notes that he has $120 on hand in his checking account. Against these assets,
Plaintiff reports approximately $1,180 in what appear to be reasonable monthly living expenses.
Plaintiff divulges that he recently inherited his mother’s house for which he has become tenantin-common with his three siblings. The house is for sale and Plaintiff estimates that
approximately $22,000 would be realized from the sale although it is unclear whether that
amount would accrue to the Plaintiff or be split among the four siblings.
The Court has examined Plaintiff’s Application and based on his current income and
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liabilities, it appears that Plaintiff does not have sufficient resources from which to pay the $350
application fee in this matter. Plaintiff is reminded that he is still responsible for the full payment
of the fee absent an Order to the contrary and to the extent his financial status changes, he should
report that information to the Court so that his financial ability to pay the fee can be reassessed.
The Court has likewise examined the Motion for Leave to Appear Pro Hac Vice and
finds that the necessary filing fee has been remitted to the Clerk of Court and that Petitioner’s
North Carolina counsel has agreed to appear as co-counsel with New York attorney Howard
David Olinsky. Moreover, it appears that based on the motion, Mr. Olinsky otherwise qualifies
to appear pro hac vice in this matter as it appears he is a member in good standing of the New
York bar and has not appeared pro hac vice in this District previously.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Application to Proceed Without Prepayment of Fees or Costs is

GRANTED. (Doc. No. 2).
2.

The Motion for Leave to Appear Pro Hac Vice is GRANTED for good cause

shown. (Doc. No. 3).
3.

Plaintiff’s co-counsel, Mr. Bowling, shall prepare the necessary summons and

submit the summons to the Clerk via Cyberclerk within seven (7) days of entry of this Order.
4.

Upon receipt of the summons, the Clerk shall deliver process to the U.S. Marshal

for service in accordance with the Federal Rules of Civil Procedure.
5.

The U.S. Marshal shall serve process on the Defendant at the expense of the

United States Government. Although the U.S. Marshal shall serve process in this action, it
remains the responsibility of counsel to insure that process is effected.

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SO ORDERED.
Signed: October 4, 2012

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