Roberts v. Colvin

Filing 4

ORDER DENYING 2 MOTION for Leave to Proceed in forma pauperis filed by Keith A Roberts, signed by Chief Judge William C Griesbach on 10/19/2015. Unless plaintiff submits a signed complaint within the next 14 days, the case will be dismissed. Plaintiff may either pay his filing fee in full or submit a signed motion to proceed in forma pauperis. (cc: all counsel via efile, Roberts via U.S. Mail)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KEITH A. ROBERTS,
Plaintiff,
v.

Case No. 15-C-1232

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

ORDER

Plaintiff has filed a pro se complaint seeking review of the decision of the Commissioner
of Social Security. Plaintiff has also requested leave to proceed in forma pauperis, pursuant to 28
U.S.C. § 1915.
An indigent plaintiff may commence a federal court action, without paying required costs
and fees, upon submission of an affidavit asserting inability “to pay such fees or give security
therefor” and stating “the nature of the action, defense or appeal and affiant’s belief that the person
is entitled to redress.” 28 U.S.C. § 1915(a)(1). Plaintiff filed an application for waiver of the filing
fee, but the application is unsigned. The instructions at the beginning of the form direct the filer to
sign the application and not leave any blanks. It also advises that by signing the document the
plaintiff declares “under penalty of perjury that the information below is true” and that they
understand that a false statement may result in a dismissal of their claims. Plaintiff’s complaint is
unsigned as well. The Federal Rules of Civil Procedure state:
“Every pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney’s name— or by a party personally if the party is
unrepresented. The paper must state the signer’s address, email address, and
telephone number. Unless a rule or statute specifically states otherwise, a pleading
need not e verified or accompanied by an affidavit. The court must strike an

unsigned paper unless the omission is promptly corrected after being called to the
attorney’s or party’s attention. (Emphasis added.)
See Fed. R. Civ. P. 11.
The motion to proceed in forma pauperis will be denied and, unless the plaintiff submits
a signed complaint and fully-completed motion to proceed in forma pauperis within the next 14
days, the case will be dismissed. If plaintiff submits a signed complaint but not a motion to proceed
in forma pauperis, plaintiff would also need to pay the filing fee in full.
SO ORDERED this

19th

day of October, 2015.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court