Hall v. Commissioner of Social Security

Plaintiff: Ernest A. Hall
Defendant: Commissioner of Social Security
 
Case Number: 1:2012cv09933
Filed: December 13, 2012
 
Court: Illinois Northern District Court
Office: Chicago Office
County: Cook
Presiding Judge: Virginia M. Kendall
 
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42:12101 Americans with Disabilities Act
Jury Demanded By: None

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Date Filed#Document Text
March 27, 2013 15 Featured Case WRITTEN Opinion entered by the Honorable Daniel G. Martin on 3/27/2013: Plaintiff Ernest Hall has filed a Motion for Leave to Proceed In Forma Pauperis in this case contesting the final decision of the Commissioner of Social Security. The federal in forma pauperis statute is designed to give indigent litigants meaningful access to the federal courts, while at the same time preventing them from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). A court must make two findings before a litigant may proceed in forma pauperis. First, the court must determine whether the litigant is able to pay the costs of commencing the action. This does not require the party seeking in forma pauperis status to "be absolutely destitute" in order to qualify under the statute. Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Second, a court must determine whether the action is "frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B). An action is frivolous if there is no arguable basis for relief in law or fact. Denton v. Hernandez, 504 U.S. 25, 31 (1992). Mailed notices. (For further details see text below.)(pcs, )

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Plaintiff: Ernest A. Hall
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Defendant: Commissioner of Social Security
Represented By: AUSA-SSA
Represented By: Donald R. Lorenzen
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