Robert Lamb v. Michael Astrue, No. 07-2114 (4th Cir. 2008)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-2114 ROBERT EMERSON LAMB, Plaintiff - Appellant, v. MICHAEL J. ASTRUE, Administration, Commissioner, Social Security Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:07-cv-00082-RBS) Submitted: March 26, 2008 Decided: April 9, 2008 Before NIEMEYER and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion. Robert Emerson Lamb, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Emerson Lamb applied to proceed in forma pauperis. After Lamb filed the Application to Proceed Without Prepayment of Fees and Affidavit and answered each question asked, the district court denied in forma pauperis status, stating that Lamb had sufficient income to pay a filing fee. Lamb was last employed in January 2007, and now receives disability benefits that, at their maximum, total $637 per month. Lamb asserted living expenses of $395 per month, but did not include in his expenses an accounting for medical care, clothing, gas, or other ordinary expenses beyond rent, food, and phone service. On this basis, we conclude Lamb is not able to pay the $350 filing fee. abused its discretion. Thus, the district court Accordingly, we grant in forma pauperis status on appeal, vacate the order of the district court, and remand with directions to allow Lamb to proceed in forma pauperis in the district court. facts and materials legal before We dispense with oral argument because the contentions the court are adequately and argument presented would not in the aid the decisional process. VACATED AND REMANDED - 2 -
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