Eastman v. Berryhill
ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 9/12/2017. (CG)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
JENNIFER J. EASTMAN,
NANCY A. BERRYHILL, Commissioner
of Social Security,
Plaintiff Jennifer J. Eastman, represented by attorney Steven R. Pfeiffer,
filed a complaint under 42 U.S.C. '1383(c)(3) and an application to proceed
without prepayment of fees or costs (Docs. 1 and 3). The court must initially
decide on the basis of the complaint whether to grant leave to proceed in forma
pauperis under 28 U.S.C. ' 1915, before issuance and service of process.
Gentile v. Missouri Dept. of Correction and Human Serv., 986 F.2d 214, 217
(8th Cir. 1993).
Having reviewed plaintiff=s financial declaration, the court finds that
plaintiff satisfies the requirements of Section 1915(a). The court must next
determine whether the claims in the complaint are frivolous or malicious under
Section 1915(d), and if so, the court must dismiss the complaint. Id. If the
claims are not frivolous or malicious, the court should grant in forma pauperis
status and order issuance and service of process. Id.
Plaintiff requests review of the determination by the Commissioner of
Social Security denying plaintiff=s application for Supplemental Security Income
disability benefits for lack of disability. Plaintiff=s claims are not frivolous or
malicious. Accordingly, it is hereby
ORDERED that Plaintiff=s Motion to Proceed Without Prepayment of Fees
or Costs (Doc. 3) is GRANTED.
DATED this 12th day of September, 2017.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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