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Mitchell v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Aug 10, 2011
Case No. 11-2354-WEB (D. Kan. Aug. 10, 2011)

Opinion

Case No. 11-2354-WEB.

August 10, 2011


Memorandum and Order


Plaintiff filed a motion to proceed in forma pauperis (Doc. 4) in her Social Security Appeal. 28 U.S.C. § 1915 provides that the court "may authorize commencement . . . of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees . . . by a person who submits an affidavit . . . that the person is unable to pay such fees or give security therefor." To succeed on a motion to proceed IFP, the movant must show a financial inability to pay the required filing fees. Lister v. Dept. of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005).

Plaintiff submitted a financial affidavit. Information provided in the affidavit shows the plaintiff's monthly expenses exceeds her monthly income. Plaintiff does not have discretionary income or extra income to pay the filing fee.

IT IS ORDERED that plaintiff's motion to proceed in forma pauperis (Doc. 4) is granted.

IT IS SO ORDERED.


Summaries of

Mitchell v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Aug 10, 2011
Case No. 11-2354-WEB (D. Kan. Aug. 10, 2011)
Case details for

Mitchell v. Astrue

Case Details

Full title:YOLANDA MAYWEATHER MITCHELL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Date published: Aug 10, 2011

Citations

Case No. 11-2354-WEB (D. Kan. Aug. 10, 2011)