UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
October 28, 2010
CHRISTINE SHERRILL, PLAINTIFF,
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT,
SSAOGC, INTERESTED PARTY.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Christine Sherrill's Motion for Leave to Proceed in Forma Pauperis (Doc. 3).
A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1) (2006). In determining indigence, courts must remember that "a person need not be absolutely destitute in order to enjoy the benefit of § 1915." Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980) (discussing Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). Even if a plaintiff is found to be indigent, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. § 1915(e)(2)(B)(i).
The Court has reviewed Sherrill's affidavit and finds that she is indigent for purposes of proceeding in forma pauperis. Further, there is nothing in the case file to indicate that this action is frivolous or malicious. Therefore, the Court GRANTS Sherrill's Motion for leave to Proceed in Forma Pauperis (Doc. 3) without prepayment of fees and costs. The Court notes, however, that should it become apparent that the action is frivolous or malicious at any time in the future, it may dismiss the case pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
If Sherrill wishes the United States Marshal Service to serve process in this case, the Court DIRECTS her to provide to the United States Marshal Service the summons issued in this case, the appropriately completed USM-285 forms, and sufficient copies of the complaint for service.
The Court further DIRECTS the United States Marshal, upon receipt of the aforementioned documents and pursuant to Federal Rule of Civil Procedure 4(c)(3), to serve a copy of summons, complaint and this order upon the defendants in any manner consistent with Federal Rule of Civil Procedure 4, as directed by Sherrill.
IT IS SO ORDERED.
© 1992-2010 VersusLaw Inc.