Brabham v. Commissioner of Social Security

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-23923-BLOOM/Louis

ADRIAN BRABHAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________________/ ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS THIS CAUSE is before the Court upon Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs, ECF No. [3] (“Motion”). The Motion represents that Plaintiff earns no wages, but that he receives $750 monthly from his girlfriend and family to pay for rent, he receives $195 per month in food stamps, he inconsistently receives miscellaneous monetary gifts from his cousin to help him pay for his other basic expenses, child support, and/or his cell phone, and he has $13.00 in cash or in a checking or savings account.

Upon review of the record, the Court determines that Plaintiff is unable to pay the required filing fee as required for indigent status under 28 U.S.C. § 1915. “When a court grants a litigant leave to proceed IFP, the officers of the court must ‘issue and serve all process.’” Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010); Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. §1915[.]”). Plaintiff filed his proposed summonses.

See ECF No. [1-2].

Case No. 20-cv-23923-BLOOM/Louis Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [3], is GRANTED. The Clerk of Court is DIRECTED to transmit a copy of this Order to the Office of the U.S. Marshal, which shall undertake to SERVE on Defendant the Complaint and the proposed summonses.

DONE AND ORDERED in Chambers at Miami, Florida, on September 25, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record