Bell v. Commissioner of Social Security
| Joe N Bell |
| Commissioner of Social Security |
| CSS-Social Security Administration |
| 1:2019cv01159 |
| May 7, 2019 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Document Text |
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| Filing 7 Return of Service Executed by Joe N Bell as to US ATTORNEY GENERAL 6/11/2019. (JS, ilcd) |
| Filing 6 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General. Commissioner of Social Security served on 5/30/2019, answer due 9/27/2019. (RK, ilcd) |
TEXT ORDER: On May 28, 2019, the Court granted Plaintiff's #4 renewed Motion for Leave to Proceed in forma pauperis. The Petition was submitted under penalty of perjury and sufficiently demonstrated Plaintiff should be excused from paying the filing fee in this action. It is HEREBY ORDERED that the Clerk of Court shall issue summons, and that the United States Marshal shall serve a copy of the Complaint, summons, and this Text Order upon the Defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure. All costs of service shall be advanced by the United States. Entered by Judge Michael M. Mihm on 5/29/2019. (JA, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Joe N Bell. Responses due by 6/11/2019 (JRK, ilcd) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Joe N Bell. Responses due by 6/11/2019 (JRK, ilcd) |
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TEXT ORDER: GRANTING Plaintiff's renewed #4 Motion for Leave to Proceed in forma pauperis and DENYING Plaintiff's #3 , #5 Motions to Request Counsel. On May 28, 2019, Plaintiff filed the aforementioned Motions, requesting that the Court allow him to proceed in forma pauperis and appoint him counsel. In reviewing a motion for leave to proceed in forma pauperis, the Court must make two determinations. First, the Court must determine whether Plaintiff is unable to pay the filing fee associated with the case. If Plaintiff is unable to pay the filing fee, the Court must then determine if the complaint is frivolous or malicious. In this case, Plaintiff declares he has limited income, including $100 in gifts and $325 in local aid, per month. Plaintiff also does not list any assets outside of a 2002 Chevy pickup truck. The Court finds Plaintiff is unable to pay the $400 filing fee. Plaintiff's Complaint does not detail the merits of his claim; however, it is clear he is seeking review of a final decision of the Commissioner of Social Security. The Complaint also provides Plaintiff has exhausted his administrative remedies. The Court finds Plaintiff's claim satisfies the requirement of not being frivolous or malicious and GRANTS his #4 Motion for Leave to Proceed in forma pauperis. In reviewing his motion to request counsel, two questions guide the Court in its determination whether to recruit counsel: (1) "has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so," and (2) "given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 650 (7th Cir. 2007). Here, the Court DENIES Plaintiff's request, as his Motions #3 and #5 fail to include documentation verifying that he has contacted any attorneys/organizations seeking representation. Moreover, there is insufficient evidence in the record for the Court to determine the complexity of his claim. Accordingly, Plaintiff's Motions to Request Counsel #3 and #5 are DENIED WITHOUT PREJUDICE. Entered by Judge Michael M. Mihm on 5/28/2019. (JA, ilcd)
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| Set Deadline: Miscellaneous Deadline 5/29/2019 (SAG, ilcd) |
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TEXT ORDER: DENYING Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. On May 7, 2019, Plaintiff filed his Complaint against Commissioner of Social Security, Motion for Leave to Proceed in forma pauperis, and Motion to Request Counsel. The information submitted by Plaintiff in his Motion for Leave to Proceed in forma pauperis is insufficient for the Court to determine Plaintiff's ability to pay the filing fee for his claim. Plaintiff must either pay the full $400.00 filing fee or file Form AO 239 (long form in forma pauperis), under penalty of perjury, by 5/29/2019. Form AO 239 can be accessed on the Central District of Illinois website (www.ilcd.uscourts.gov). If Plaintiff fails to comply with this Order, his Complaint may be dismissed by the Court. Entered by Judge Michael M. Mihm on 5/9/2019. (JA, ilcd)
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| Filing 3 MOTION to Request Counsel by Plaintiff Joe N Bell. Responses due by 5/21/2019 (JRK, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Joe N Bell. Responses due by 5/21/2019 (JRK, ilcd) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Joe N Bell.(JRK, ilcd) |
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