Rivera 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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHNNY RIVERA
Plaintiff,
v.
Case No. 14-C-414
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Defendant.
ORDER
Plaintiff Johnny Rivera seeks judicial review of the denial of his 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 he satisfies the conditions of § 1915(a). Plaintiff avers that he is unemployed with no
income other than public assistance; an uncle supports him. He owns no real estate, vehicles,
or other valuable property. Finally, plaintiff avers that he believes he 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?