Helsinger v. Saul

Filing 5

ORDER signed by Chief Judge Pamela Pepper on 7/8/2020. By 7/29/2020 plaintiff to file amended request to proceed without prepaying filing fee. Failure to file by deadline will result in denial of motion and requirement that plaintiff pay full filing fee. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

GREGORY HELSINGER,
Plaintiff,
v.

Case No. 20-cv-1015-pp

ANDREW M. SAUL,
Defendant.

ORDER REQUIRING PLAINTIFF TO FILE AMENDED MOTION FOR LEAVE
TO PROCEED WITHOUT PREPAYING THE FILING FEE

The plaintiff has filed a complaint seeking judicial review of a final
administrative decision denying his claim for disability insurance benefits
under the Social Security Act. Dkt. No. 1. He also filed a motion for leave to
proceed without prepaying the filing fee. Dkt. No. 3.
To allow the plaintiff to proceed without paying the filing fee, the court
first must decide whether the plaintiff can pay the fee; if not, it must determine
whether the lawsuit is frivolous. 28 U.S.C. §§1915(a) and 1915(e)(2)(B)(i).
The plaintiff’s affidavit does not provide enough facts for the court to
determine whether he can pay the filing fee. The affidavit indicates that the
plaintiff is not employed, he is not married, and he has a 17-year-old son he is
responsible for supporting. Dkt. No. 3 at 1. The plaintiff lists no income and no
expenses; he does not own a car, his home, or any other property of value; and
he has no cash on hand or in a checking or savings account. Id. at 2-4. The
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court is perplexed as to how the plaintiff is living. Perhaps the plaintiff lives
with family or friends free of charge, perhaps those family or friends also
provide for his needs and those of his son, but there is nothing in the affidavit
telling the court whether that’s the case or who supports the plaintiff. The
court will ask the plaintiff to file an amended request to proceed without
prepaying the filing fee. The plaintiff is represented by counsel, who should
assist him in filling out the amended request clarifying his living situation.
The court ORDERS that the plaintiff must file an amended request to
proceed without prepaying the filing fee by the end of the day on July 29,
2020. If the plaintiff does not provide a new request in time for the court to
receive it by the deadline, the court will deny his application to proceed without
prepaying the filing fee and will require him to pay the full $400 filing fee by a
date certain.
Dated in Milwaukee, Wisconsin this 8th day of July, 2020.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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