IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

SEAN POTTER, ) ) Plaintiff, ) ) vs. ) Case No. 3:22-cv-02715-DWD ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

MEMORANDUM & ORDER DUGAN, District Judge: Before the Court is Plaintiff’s First Motion for Leave to Proceed In Forma Pauperis (Doc. 3). Such a motion may be granted if Plaintiff proves indigence by submitting an affidavit that includes a statement of his assets and a showing of an inability to pay fees or security. See

(a)(1). The Court may deny Plaintiff’s motion and dismiss the action if it is frivolous or malicious, which means Plaintiff cannot make a rational legal or factual argument to support his claims. See

§ 1915(e)(2)(B)(i); Ledbetter v. Commissioner of Social Security, No. 20-912,

, at *1 (S.D. Ill. 2020). Here, based on Plaintiff’s affidavit, the Court is satisfied that he is indigent. Further, the record does not suggest Plaintiff’s claims are frivolous or malicious. Therefore, the Court GRANTS Plaintiff’s First Motion for Leave to Proceed In Forma Pauperis. The Court notes that it may dismiss this action, at any time, if the action is deemed frivolous or malicious. See

(e)(2)(B)(i). If Plaintiff wishes for the United States Marshals Service to serve process, then Plaintiff shall provide the United States Marshals Service with a summons issued in this

case, completed USM-285 forms, and sufficient copies of the Complaint (Doc. 1). The Court DIRECTS the United States Marshal, upon receipt of those documents, to serve a copy of the summons, Complaint, and this Order on Defendant, the United States Attorney for the Southern District of Illinois, and the Attorney General of the United States, pursuant to Federal Rule of Civil Procedure 4(c)(3)and in the manner specified by subsection (i)(1) & (2) of that rule. Costs of service shall be borne by the United States.

SO ORDERED. Dated: December 6, 2022 s/ David W. Dugan _______________________________ DAVID W. DUGAN United States District Judge