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- ilnd;;1:19-cv-08511_de6 RegisterActionDate "2020-01-23" @default.
- ilnd;;1:19-cv-08511_de6 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's application for leave to proceed in forma pauperis 5 is denied without prejudice because it is incomplete. Title 28 U.S.C. § 1915(a) permits the Court to authorize Plaintiff to proceed in forma pauperis if she is unable to pay the mandated filing fee. The statute "is designed to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324 (1989). Plaintiff is eligible to proceed in forma pauperis if paying the filing fee would prevent her from purchasing the necessities of life. Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Plaintiff represents in her affidavit that she has not been employed since October 2018. At that time, she worked at Dairy Queen and earned $1,400 per month. She has received $700 in pensions in the last 12 months and has no other sources of income. Plaintiff is not married, has no dependents, owns no real estate, and does not have more than $200 in cash or in a checking or savings account. Her fianc, who she lives with, earns a salary, but Plaintiff did not include his salary in her affidavit. Her fianc also owns a home worth $160,000 and makes monthly mortgage payments. He also owns a 2012 Chevy Silverado worth more than $1,000, but Plaintiff does not list his monthly car payment. The Court cannot rule on Plaintiff's application to proceed in forma pauperis 5 because it is incomplete. If Plaintiff wishes to file an amended application, the application must also include Plaintiff's fianc's salary or monthly income. 28 U.S.C. § 1915(e)(2) also requires the Court to screen Plaintiff's case and to dismiss the complaint if it "fails to state a claim on which relief may be granted." Plaintiff states a claim here because this is an appeal of a final decision by the Acting Commissioner of Social Security. Plaintiff's application for leave to proceed in forma pauperis 5 is denied without prejudice because it is incomplete. The amended application is due within two weeks of the entry of this order. Plaintiff's first application was quite difficult to read, and the Court requests that Plaintiff do her best to write more legibly on the amended application. If Plaintiff is unable to write legibly, another person (e.g., her lawyer) may fill out the application for her, as long as she reviews it and signs the final page.Mailed notice (lk, ) (Entered: 01/23/2020)" @default.
- ilnd;;1:19-cv-08511_de6 AdministrativeID "6" @default.
- ilnd;;1:19-cv-08511_de6 OntologyLabel dismiss_without_prejudice @default.
- ilnd;;1:19-cv-08511_de6 OntologyLabel minute_entry @default.
- ilnd;;1:19-cv-08511_de6 hasReferenceToOtherEntry ilnd;;1:19-cv-08511_de5 @default.