Casken v. Berryhill
Ronald S. Casken |
Nancy A. Berryhill and Nancy A Berryhill |
1:2018cv07453 |
November 9, 2018 |
US District Court for the Northern District of Illinois |
John Robert Blakey |
Social Security: Black Lung |
42 U.S.C. ยง 427 |
None |
Docket Report
This docket was last retrieved on October 7, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 10 GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (rp, ) |
Filing 9 DESIGNATION of Alex Harms Hartzler as U.S. Attorney for Defendant Nancy A Berryhill (Hartzler, Alex) |
Filing 8 MINUTE entry before the Honorable John Robert Blakey: The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of the litigants assets as stated in an affidavit submitted to the Court; the second is made by looking to the plaintiffs allegations. Here, Plaintiff's application for leave to proceed in forma pauperis #4 is denied for two reasons. First, the application is incomplete; Plaintiff failed to provide a complete response in question 2(B) and failed to provide any response to questions 10 and 11. Second, the application indicates that Plaintiff's spouse earns $3,000 per month, and such income makes Plaintiff ineligible for in forma pauperis status. If Plaintiff wishes to proceed with this case he must pay the $400 filing fee. Because Plaintiff has failed to demonstrate indigence, the Court also denies his motion for attorney representation #5 . See 28 U.S.C. 1915(e)(1); see also Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013)(the discretion to recruit counsel is reserved for indigent defendants). If Plaintiff fails to pay the Court's filing fee by 12/21/18, this case will be summarily dismissed. Mailed notice (gel, ) |
Filing 5 MOTION by Plaintiff Ronald S. Casken for attorney representation (pk, ) |
Filing 4 APPLICATION by Plaintiff Ronald S. Casken for leave to proceed in forma pauperis (pk, ) |
Filing 3 PRO SE Appearance by Plaintiff Ronald S. Casken (pk, ) |
Filing 2 CIVIL Cover Sheet (pk, ) |
Filing 1 RECEIVED Complaint and by Ronald S. Casken. (Exhibits) (pk, ) |
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