Summary
The document is a Report and Recommendation addressing Brian S. Piazza’s motion to proceed in forma pauperis in an action challenging the Commissioner of Social Security’s denial of disability benefits. The magistrate judge recommends denying the motion because the plaintiff and his spouse have sufficient income, assets, and available resources to pay the filing fee without undue hardship, and recommends requiring payment of the $405 filing fee within fourteen days if adopted.
Holdings
- Plaintiff's reported income, liquid assets, spousal resources, and property equity indicated that paying the filing fee would not impose an undue hardship; therefore, the magistrate judge recommended denying the motion to proceed in forma pauperis.
Questions Presented
- Whether Plaintiff established that paying the federal filing fee would impose an undue hardship so as to qualify for in forma pauperis status under 28 U.S.C. § 1915(a)(1).
Disposition
other
Cases Cited (10)
- Foster v. Cuyahoga Dep’t of Health & Human Servs., 21 F. App’x 239, 240 (6th Cir. 2001)(followed)
- Sears, Roebuck & Co. v. Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988)(cited)
- Helland v. St. Mary’s Duluth Clinic Health Sys., No. 10-31 (RHK/RLE), 2010 WL 502781, at *1 n.1 (D. Minn. Feb. 5, 2010)(followed)
- Rice v. Comm’r of Soc. Sec., No. 5:18-cv-01220-PAG, 2018 WL 3145848, at *1 (N.D. Ohio May 30, 2018)(cited)
- Coburn v. Comm’r of Soc. Sec., No. 1:18CV668, 2018 WL 2163843, at *1 (N.D. Ohio Apr. 9, 2018)(cited)
- Behmlander v. Comm’r of Soc. Sec., No. 12-CV-14424, 2012 WL 5457466, at *2 (E.D. Mich. Oct. 16, 2012)(followed)
- Levet v. Comm’r of Soc. Sec., No. 1:14-CV-01378, 2014 WL 3508893, at *2 (N.D. Ohio July 15, 2014)(cited)
- Reynolds v. Crawford, No. 1:01-cv-877, 2009 WL 3908911, at *1 (S.D. Ohio Nov. 17, 2009)(cited)
- Monti v. McKeon, 600 F. Supp. 112, 114 (D. Conn.), aff’d, 788 F.2d 1 (2d Cir. 1986) (table)(cited)
- Ciavarella v. Comm’r of Soc. Sec., No. 5:13-CV-2031, 2013 WL 5354091, at *1 (N.D. Ohio Sept. 24, 2013)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…