Fraley v. Colvin
Filing
4
ORDER granting 2 MOTION (Sealed - Participants) to Proceed in forma pauperis . Signed by District Judge Richard Voorhees on 6/9/2014. (eef)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14CV192-RLV
DIANE G. FRALEY,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner, Social
Security Administration,
Defendant.
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ORDER
THIS MATTER is before the Court upon the Plaintiff’s Motion To Proceed In Forma
Pauperis, filed April 18, 2014.
By the instant Motion, the Plaintiff seeks to proceed on his Complaint against the
Defendant to establish for herself entitlement to Social Security Disability and Disability
Insurance Benefits and Supplemental Security Income as provided by 42 U.S. C. § 205(g) of the
Social Security Act, as amended, 42 U.S.C. § 405(g) and 1383(c), without having to prepay the
costs associated with bringing this action.
Plaintiff now has exhausted all administrative remedies prior to filing his Motion to this
Court. The Motion represents that the Plaintiff last worked in 2011, at Sudden Link making
$1000.00 per month. The Motion states that the Plaintiff has $40.00 in a Bank of America
Checking Account and has $1,604.31 in monthly expenses comprised mostly of utilities costs,
healthcare premiums, and car payments.
Accordingly, based upon the foregoing representations, the Court finds that the
Plaintiff does not have sufficient resources from which to pay the $400.00 filing fee associated
with bringing this action.
IT IS, THEREFORE, ORDER that:
1. Plaintiff’s Motion To Proceed In Forma Pauperis, is GRANTED.
2. That the Clerk of Court is instructed to prepare process and deliver the same to the
U.S. Marshal for service.
3. The U.S. Marshal shall serve process upon the Defendants at the expense of the
United States Government; and
4. The Clerk of Court is instructed to provide a copy of this Order to Plaintiff’s counsel.
Signed: June 9, 2014
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