Owens v. Commissioner of Social Security
Filing
4
ORDER signed by Judge Rudolph T. Randa on 3/7/2013 GRANTING 2 Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via US mail to Shawn Owens) (cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SHAWN L. OWENS,
Plaintiff,
v.
Case No. 13-C-253
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security
Administration,
Defendant.
DECISION AND ORDER
Pursuant to 42 U.S.C. § 405(g), the pro se Plaintiff, Shawn L. Owens (“Owens’),
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 disability benefits for lack
of disability. Owens 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).
Owens’ petition and affidavit to proceed in forma pauperis state that he is not
employed, is not married, and has three legal dependents. Other than $10.00, he does not own
any stocks, bonds, notes, or other valuable property (excluding clothing and ordinary household
items).
Owens receives Wisconsin-Works (W-2) benefits for disabled persons which
provide him with monthly income of $608.00. His monthly expenses are $1,000.00, and exceed
his income.
Based on the information provided, the Court concludes that Owens 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:
Owens’ petition for leave to proceed in forma pauperis (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin this 7th day of March, 2013.
BY THE COURT
Hon. Rudolph T. Randa
U.S. District Judge
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