Stevens v. Colvin

Filing 5

ORDER signed by Judge Rudolph T. Randa on 3/6/2013 GRANTING 2 Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PHILLIP M. STEVENS,

Plaintiff,
v.

Case No. 13-C-235

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security
Administration,
Defendant.

DECISION AND ORDER

Pursuant to 42 U.S.C. § 405(g), the Plaintiff, Phillip M. Steven (“Stevens”), filed
an action for judicial review of the final decision of the Acting Commissioner of the Social
Security Administration denying his application for Social Security Supplemental Security
Income (“SSI”) Benefits for lack of disability. Stevens also filed a petition for leave to proceed
in forma pauperis in this action.
In order to authorize a litigant to proceed in forma pauperis, the Court must make
two determinations: 1) whether the litigant is unable to pay the costs of commencing the action;
and, 2) whether the action is frivolous, malicious, fails to state a claim on which relief may be
granted, or seeks monetary relief against a defendant who is immune from such relief. 28
U.S.C. §§ 1915(a)(1) & (e)(2).
Stevens’ petition and affidavit to proceed in forma pauperis state that he has not
been employed since December 2008, is not married, and has no legal dependents. Other than

$19.00, he does not own any stocks, bonds, notes, or other valuable property (excluding clothing
and ordinary household items).
Stevens’ monthly income is $350.00. His monthly expenses are $300.00 for
medication, $100.00 for phones, and $200.00 for groceries. He also states that he has been
living in homeless shelters, and that he cannot obtain or retain a job because of his mental health
problems.
Based on the information provided, the Court concludes Stevens satisfies the
requirements of § 1915. He is unable to pay the costs of commencing this action, and the action
states a claim on which relief may be granted and does not appear to be frivolous or malicious.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Stevens’ petition for leave to proceed in forma pauperis (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin this 6th day of March, 2013.
BY THE COURT

Hon. Rudolph T. Randa
U.S. District Judge

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