Rodriguez v. Colvin

Filing 28

ORDER DENYING 24 "MOTION IN FORMA PAUPERIS" filed by Hector Rodriguez, signed by Chief Judge William C Griesbach on 10/22/2015. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
HECTOR RODRIGUEZ,
Plaintiff,
v.

Case No. 14-C-1034

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

ORDER

Plaintiff in the above matter has filed a “MOTION IN FORMA PAUPERIS”. Presumably,
what is intended is a motion to proceed on appeal in forma pauperis. The motion states, however,
“Plaintiff, William Greisbach, by his attorney, Dana W. Duncan, DUNCAN DISABILITY LAW,
SC submits notice that he is seeking the waiver of the filing fee herein by motion in forma
pauperis.” The plaintiff is Hector Rodriguez, not William Greisbach (sic). The Judge, of course,
is William Griesbach, but his is not represented by Attorney Dana Duncan or Duncan Disability
Law. Furthermore, to support a motion to proceed in forma pauperis, an affidavit of indigency by
the movant is required. It is not enough simply to allege in the motion that the client’s financial
circumstances have not changed. In light of the foregoing, the “MOTION IN FORMA PAUPERIS”
is DENIED, but the denial is without prejudice and plaintiff is free to file a proper motion to
proceed on appeal in forma pauperis, supported by an affidavit or declaration indicating his current
economic circumstances.
SO ORDERED this 22nd day of October, 2015.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court