Bester v. Colvin

Filing 5

ORDER signed by Judge Lynn Adelman on 4/11/14 granting 2 Motion for Leave to Proceed in forma pauperis. The file will be returned to the Clerk of Courts for service on defendant. (cc: all counsel) (dm) (Main Document 5 replaced on 4/11/2014) (blr).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

THESESA BESTER
Plaintiff,
v.

Case No. 14-C-413

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

ORDER
Plaintiff Thesera Bester seeks judicial review of the denial of her application for social
security disability benefits. Ordinarily, a plaintiff must pay a statutory filing fee to bring an action
in federal court, 28 U.S.C. § 1914(a), but plaintiff requests leave to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a), an indigent party may commence a federal court action, 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
affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1).
Plaintiff has filed the required affidavit. Upon review of that affidavit, the court is satisfied
that she satisfies the requirements of § 1915(a). Plaintiff avers that she is unemployed with
no income other than $183/month in food stamps. She does not own any real estate, vehicles,
or other valuable property, and lives with her brother, daughter, or a friend. Finally, plaintiff
avers that she believes she is entitled to relief in this action, and on review of the complaint the
court is unable to determine that the action is frivolous or that the complaint fails to state a
claim.

THEREFORE, IT IS ORDERED that plaintiff’s petition to proceed in forma pauperis (R.
2) is GRANTED. The file will be returned to the Clerk of Courts for service on defendant.
Plaintiff is advised to provide defendant or her counsel with copies of all future motions
or papers filed by plaintiff in this action.
Dated at Milwaukee, Wisconsin this 11th day of April, 2014.
/s Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge