Hall v. Commissioner of Social Security
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|Date Filed||#||Document Text|
|March 27, 2013
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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