Gauer v. Berryhill

Filing 4

ORDER denying 2 Motion for Leave to Proceed Without Prepayment of the Filing Fee. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

KENSLEY GAUER,
Plaintiff,
v.

Case No. 18-C-515

NANCY BERRYHILL,
Defendant.

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS

Plaintiff Kensley Gauer has filed a complaint seeking review of the decision of the
Commissioner of Social Security. Plaintiff has 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 an 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 the required affidavit
of indigence.
Upon review of that affidavit, it appears that Plaintiff may have been confused in completing
the form. Plaintiff’s response to the first question indicates current employment. The second part
of that question, which was to be completed if not employed, remained blank as well. If not
employed, it should have noted the month and year last employed and the monthly income at that
time. However, under “other circumstances” plaintiff states “I am not currently employed as I am
disabled”. In question number five, plaintiff lists a monthly income of $950.00, but lists only $447.00

in expenses, leaving $503.00 per month in disposable income. Plaintiff lists no other rent, mortgage,
car, insurance, or other payments. The form is very basic, and presumably counsel reviews the form
prior to submission. Without complete information, the court is unable to grant the request to
proceed without payment of the filing fee. Since it is unclear whether the plaintiff is employed and
why the $503.00 per month in disposable income is not used to pay the filing fee, the motion is
denied.
Accordingly, Plaintiff’s request to proceed in forma pauperis is denied and Plaintiff shall
either pay the filing fee within 21 days of the date of this order or submit a revised motion to proceed
in forma pauperis clarifying the information noted above. If plaintiff fails to do either within the next
21 days, the case will be dismissed.
Dated this

10th

day of April, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court