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Srivastava v. Astrue

March 4, 2009

SAVITRI SRIVASTAVA, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DETERMINING THAT PLAINTIFF HAS STATED A CLAIM AGAINST THE COMMISSIONER

ORDER DIRECTING THE CLERK TO ISSUE AND SERVE A SCHEDULING ORDER AND NEW CASE DOCUMENTS

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS TO THE COURT ORDER DIRECTING THE CLERK TO FORWARD ANY SERVICE DOCUMENTS SUBMITTED TO THE MARSHAL FOR SERVICE OF PROCESS ORDER DIRECTING THE MARSHAL TO SERVE PROCESS UPON RECEIPT OF SERVICE DOCUMENTS ORDER DIRECTING PLAINTIFF TO INFORM THE COURT OF HER TELEPHONE NUMBER WITHIN FOURTEEN DAYS

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 2)

Plaintiff is proceeding pro se with an action in which Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security denying Plaintiff's application for benefits.

Plaintiff filed her complaint and a motion to proceed in forma pauperis on February 24, 2009. However, new case documents were issued erroneously before either a ruling on the application to proceed in forma pauperis or any screening of the complaint. The Court understands that Plaintiff has been instructed to disregard the previously issued new case documents.

I. Application to Proceed in Forma Pauperis

Plaintiff has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis IS GRANTED. 28 U.S.C. § 1915(a).

II. Screening of the Complaint

In cases wherein the plaintiff is proceeding in forma pauperis, the Court is required to screen cases and shall dismiss the case at any time if the Court determines that the allegation of poverty is untrue, or the action or appeal is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2).

Fed. R. Civ. P. 8(a) provides:

A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim ...


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