Dietzler, Carol v. Barnhart, Jo Ann, (7th Cir. 2005)
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UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted March 30, 2005* Decided April 1, 2005 Before Hon. WILLIAM J. BAUER, Circuit Judge Hon. RICHARD A. POSNER, Circuit Judge Hon. FRANK H. EASTERBROOK, Circuit Judge CAROL L. DIETZLER, Plaintiff-Appellant, Appeal from the United States District Court for the No. 04-2747 v. Eastern District of Wiscon- sin. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, No. 04-C-525 J.P. Stadtmueller, Judge. Defendant-Appellee. Order When Carol Dietzler sought leave to pursue this suit in forma pauperis under 28 U.S.C. 1915, the district judge concluded that it failed to state a claim on which relief may be granted and dismissed it outright. The judge thought that Dietzler was trying to obtain disability benefits on behalf of her ex-husband (who, the complaint alleged, would §402(d); 20 C.F.R. §404.350§706(1). But Dietzler, who has not filed an application, lacks either a final decision or a claim of unwarranted delay. What she contends is that preparing an application would be too cumbersome and difficult, but no rule of federal law entitles a person to cut the agency out of the process and head straight to court. Until the agency has acted (or had a full opportunity to do so), there is no legal wrong to redress. AFFIRMED
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1915 - Sec. 1915. Proceedings in forma pauperis
- Code of Federal Regulations - Title 20: Employees' Benefits - 20 CFR 404.350 - Who is entitled to child's benefits?
- U.S. Supreme Court - Mathews v. Eldridge, 424 U.S. 319 (1976)
- U.S. Supreme Court - Weinberger v. Salfi, 422 U.S. 749 (1975)
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