Wilson v. Berryhill
| William Wilson |
| Nancy A. Berryhill |
| Social Security Administration |
| 3:2018cv01097 |
| June 28, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Fairfield |
| Warren W Eginton |
| Janet C Hall |
| Sarah A L Merriam |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 8 Notice re: Statistical Information Signed by Clerk on 06/28/2018. (Peterson, M) |
Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 06/28/2018. (Peterson, M)
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Filing 6
Standing Scheduling Order Signed by Judge Janet C. Hall on 06/28/2018. (Peterson, M)
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| Filing 5 Notice re: Assignment of Social Security Appeals Signed by Clerk on 06/28/2018. (Peterson, M) |
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Filing 4
Standing Order on Social Security Appeals Signed by Judge Janet C. Hall on 06/28/2018. (Attachments: #1 Consent Form) (Peterson, M)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 -1. Plaintiff has completed the required information. He asserts that he is unable to afford to pay fees and costs, as he is unemployed and his family relies on his wife's part-time seasonal income, which is less than his family's monthly obligations. See generally id. at 2-4. Plaintiff claims a monthly expense of $440 per month for medical marijuana. See id. at 3. Under federal law, marijuana (and its derivatives containing THC) is a Schedule I controlled substance. See 21 U.S.C. 812, Schedule I(c); 21 C.F.R. 1308.11 Schedule I(d)(23), (31). Because marijuana is classified as a Schedule I drug, "the... possession of marijuana [is] a criminal offense[.]" Gonzales v. Raich, 545 U.S. 1, 14 (2005). At this time, federal law does not permit or recognize the use of marijuana for medicinal proposes. Accordingly, plaintiff's monthly expense for medical marijuana is not an appropriate consideration in deciding whether plaintiff qualifies for in forma pauperis status. Regardless, removing plaintiff's monthly medical marijuana expense from the equation, in light of the other information provided, plaintiff's allegations at this stage are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 6/28/2018. (Katz, S.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by William Wilson. (Attachments: #1 Affidavit)(Yelner, Olia) |
| Filing 1 COMPLAINT against Nancy A. Berryhill, Social Security Administration, filed by William Wilson.(Yelner, Olia) |
| Judge Janet C. Hall and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Oliver, T.) |
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