Lee v. Christenson

Filing 9

ORDER signed by Judge Lynn Adelman on 4/13/13 granting 8 Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via USPS to appellant) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

NIKKI LEE,
Appellant,
v.

Case No. 13-CV-00126

LELAND G. CHRISTENSON, II,
Respondent.

DECISION AND ORDER
Pro se appellant Nikki Lee filed a notice of appeal from an order of the United States
Bankruptcy Court for the Eastern District of Wisconsin in bankruptcy case number 0824243. Ordinarily, appellant would need to pay a filing fee of $293.00 to pursue this appeal.
However, appellant has requested leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915. Section 1915 is meant to ensure indigent litigants meaningful access to
federal courts, Nietzke v. Williams, 490 U.S. 319, 324 (1989), and applies to both
nonprisoner litigants and to litigants who are incarcerated, Floyd v. United States Postal
Serv., 105 F.3d 274, 275–77 (6th Cir. 1997) (“[T]he only logical interpretation of the statute
is that non-prisoners have the option to proceed in forma pauperis under § 1915(a).”).
Under § 1915, an indigent party may file an appeal in a federal court 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 the
affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1). Appellant has
filed the required affidavit of indigence. Upon review of that affidavit, I am satisfied that
appellant meets the poverty requirements of 28 U.S.C. § 1915. Therefore, I will grant his

request to proceed in forma pauperis and take the briefs already submitted in support of
and opposition to the appeal under advisement.
THEREFORE, IT IS ORDERED that appellant’s request to proceed in forma
pauperis (Docket #8) is GRANTED.
Dated at Milwaukee, Wisconsin this 13th day of April 2013.

s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge

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