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Takacs v. Berryhill, 18-2550-DDC. (2018)

Court: District Court, D. Kansas Number: infdco20181019k31 Visitors: 3
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . On October 15, 2018, plaintiff filed a Complaint against the Commissioner of the Social Security Administration. Doc. 1. Her Complaint seeks judicial review under 42 U.S.C. 405(g) of a decision of the Commissioner of the Social Security Administration denying benefits. Id. at 1-2. Plaintiff also has moved for leave to file this action in forma pauperis. Doc. 3. She has submitted an affidavit of financial status supporting her r
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MEMORANDUM AND ORDER

On October 15, 2018, plaintiff filed a Complaint against the Commissioner of the Social Security Administration. Doc. 1. Her Complaint seeks judicial review under 42 U.S.C. § 405(g) of a decision of the Commissioner of the Social Security Administration denying benefits. Id. at 1-2. Plaintiff also has moved for leave to file this action in forma pauperis. Doc. 3. She has submitted an affidavit of financial status supporting her request. Doc. 3-1.

Under 28 U.S.C. § 1915(a)(1), the court may authorize a person to commence an action without prepayment of fees after the submission of an affidavit demonstrating an inability to pay. The court has broad discretion to grant or deny permission to proceed in forma pauperis. United States v. Garcia, 164 F. App'x 785, 786 n.1 (10th Cir. 2006). But the court cannot act arbitrarily or deny an application on erroneous grounds. Id. "`[T]o succeed on a motion to proceed [in forma pauperis], the movant must show a financial inability to pay the required filing fees. . . .'" Id. (quoting Lister v. Dep't of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005)).

After reviewing plaintiff's financial affidavit, the court finds that plaintiff has made a sufficient showing that she is unable to pay the required filing fees. The court thus grants plaintiff's request for leave to file this action without payment of fees, costs, or security under 28 U.S.C. § 1915(a)(1).

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 3) is granted. The Clerk shall prepare a summons under Federal Rule Civil Procedure 4 on plaintiff's behalf. The Clerk shall issue the summons to the United States Marshal or Deputy Marshal, who the court appoints under Federal Rule Civil Procedure 4(c)(3), to effect service.

IT IS SO ORDERED.

Source:  Leagle

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