ai Mime Orgig Form (06/97)

United States District Court, Northern District of Illinois

YX)

‘Name of Assigned Jud; Sitting Judge if Other
anor Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 03 C 4393 DATE 6/27/2003
CASE Corrina Spaulding vs. Joanne Barnhart
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
Memorandum Opinion and Order
DOCKET ENTRY:
(1) Oo Filed motion of [ use listing in “Motion” box above.]
(2) Oo Brief in support of motion due
(3) a Answer brief to motion due. . Reply to answer brief due. .
(4) Oo Ruling/Hearing on set for at
(5) o Status hearing[held/continued to] [set for/re-set for] on set for at
(() oOo Pretrial conference[held/continued to] [set for/re-set for] on set for at .
(7) ao Trial[set for/re-set for] on at
(8) Oo [BenclYJury trial] [Hearing] held/continued to at
(9) Qo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) Local Rule 41.1 CFRCP41(a)(1) O FRCP4I(a)(2).
(10) MH {Otherdocketentry] Enter Memorandum Opinion and Order. For the foregoing reasons, plaintiff's
petition to proceed in forma pauperis is granted.
(il) [For further detail see order attached to the original minute order.]
‘No notices required, advised in open court.
No notices required. number of notices
Notices mailed by judge’s staff.
Notified counsel by telephone. dN 3 9. 7068
ao | Docketing to mail notices.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CORRINA SPAULDING, )
)
Plaintiff, )

) news DOCKETED

VS. ) No. 03 C 4393 JU

) SON 3-0 2093
JOANNE BARNHART, )
)
Defendant. )

EMO; OPINION RDE}

Plaintiff Corrinda Spaulding brought this action to review a final decision by the
Commissioner of Social Security. Along with her complaint, plaintiff filed a petition to
proceed in forma pauperis. For the following reasons, plaintiff's petition is granted.

Pursuant to 28 U.S.C. § 1915(a) we may authorize a plaintiff to proceed in forma
pauperis if she demonstrates an inability to pay the required costs and fees. Plaintiff's petition
indicates that she has no job or regular means of income and that she supports two children.
We find that she has shown her inability to pay the costs.

As part of a petition to proceed in forma pauperis, we conduct a preliminary review of
petitioner’s claims and dismiss the complaint if we determine that the action is frivolous or
malicious, it fails to state a claim, or it seeks damages from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); Alston v DeBruyn, 13 F.3d 1036, 1039 (7* Cir.
1994). We review the claim, using the same standard as a motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(6). Zimmerman v. Tribble, 226 F.3d 568, 571 (7% Cir.

2000). Pursuant to Federal Rule of Civil Procedure 12(b)(6), we dismiss a claim only if it

a



io

No. 03 C 4393 Page2

appears beyond a doubt that there exist no facts to support the allegations. Conley y. Gibson,
355 U.S. 41, 45-46 (1957).

Plaintiff asks us to review a decision made by an Administrate Law Judge on April 25,
2003. That decision became final after 60 days and we now have jurisdiction to review the
decision pursuant to 42 U.S.C. § 405(g). Plaintiff has exhausted her administrative remedies
and we find no reason why the claim is otherwise frivolous or malicious.

CONCLUSION

For the foregoing reasons, plaintiff's petition to proceed in forma pauperis is granted.

Arineol, Moca!

JAMES B. MORAN
r Judge, U. S. District Court

‘es a), 2003.