Hines v. Commissioner of Social Security
| Amy Hines |
| Commissioner of Social Security |
| SSAOGC |
| 3:2022cv03152 |
| December 31, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Document Text |
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| Filing 10 Summons Issued as to Commissioner of Social Security. Original mailed to counsel for service. (adh) |
| Filing fee: $ 402.00, receipt number 1977 (clw) |
Filing 9
ORDER DENYING #2 Motion for Leave to Proceed in forma pauperis. A court may permit a plaintiff to proceed in forma pauperis, without the prepayment of fees, where the plaintiff has demonstrated indigence and an inability to pay such fees. See 28 U.S.C. 1915(a)(1). The Court does not find that Plaintiff's affidavit demonstrates indigence. While Plaintiff indicates that she does not have a personal source of income, many courts have considered spousal income and assets in the determination of indigence under 28 U.S.C. 1915. See Lee v. Wal-Mart Stores, Inc., 1993 WL 316756, *3 (N.D. Ind. Aug. 18, 1993) (listing cases considering spousal and family income and assets to determine indigence). According to the financial information provided in Plaintiff's motion and affidavit, including the monthly net income of Plaintiff's spouse, the Court does not find that Plaintiff qualifies as indigent, even though Plaintiff lists high expenses in comparison to that income. Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is DENIED. Signed by Chief Judge Nancy J. Rosenstengel on 1/11/2023. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) |
| Filing 7 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Summons Issued as to USA. Summons issued in error. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 STRICKEN Summons Issued as to Commissioner of Social Security. Original mailed to counsel for service. (adh) |
| Filing 4 NOTICE REGARDING FILING re #1 Complaint filed by Amy Hines. Consent to Magistrate Judge was filed incorrectly as an attachment to Complaint. Document should have been filed separately using the event Consent/Non-Consent to U.S. Magistrate Judge which would have placed the document under seal. Consent has been deleted and Docket text has been modified accordingly. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Notice of Commencement of Action and Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 22-3152-NJR. (csb) (csb). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Amy Hines. (Linerud, Rory) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Amy Hines. (Attachments: #1 Civil Cover Sheet, #2 Summons, # 3 Consent to Magistrate Judge)(Linerud, Rory) |
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