BAIO v. COMMISSIONER OF SOCIAL SECURITY

Filing 2

MEMORANDUM ORDER granting Appellant's application to proceed in forma pauperis; directing the Court to file the Complaint. Signed by Judge Anne E. Thompson on 1/20/2016. (eaj)

RECEIVED
NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

AT 8:30
WILLIAM T. WALSH
CL~RK

JOHN LOUIS BAIO,
Civ. No. 16-0290
Appellant,

MEMORANDUM
ORDER

v.
COMMISSIONER OF SOCIAL
SECURITY,
Appellee.
THOMPSON. U.S.D.J.

This matter comes before the Court upon the application ofpro se Appellant John
Louis Baio to proceed informa pauperis in an appeal of the final decision of the
Commissioner of Social Security. The filing fee for a civil case in the United States
District of New Jersey is $350.00, with an additional $50.00 administrative fee. To avoid
paying these fees, a litigant may submit an application to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. "In making such application, a plaintiff must state the
facts concerning his or her poverty with some degree of particularity, definiteness or
certainty." Simon v. Mercer Cnty. Comm. College, No. 10-5505, 2011 WL 551196, at* 1
(D.N.J. Feb. 9, 2011) (citations omitted). A litigant need not be "absolutely destitute" to
qualify. Mack v. Curran, 457 F. App'x 141, 144 (3d Cir. 2012) (citations omitted); Still

v. Shinseki, 490 F. App'x 413, 413 (3d Cir. 2012).

1

M

It appears from the application that Appellant has only $600 in assets and receives
a total of $1,470 each month from Social Security and unemployment benefits. However,
Appellant's fixed expenditures essentially equal this income. Therefore, upon review,
Appellant has shown sufficient economic. disadvantage to proceed in forma pauperis.
IT IS on this

~f~uary, 2016,

ORDERED that Appellant's Application to Proceed informa pauperis (ECF No.
1-2) is GRANTED; and the Clerk of Court shall file the Complaint without prepayment
of foes.

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