Williams v. Colvin

Filing 5

ORDER signed by Judge Lynn Adelman on 9/15/14 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

JAMES WILLIAMS,
Plaintiff,
v.

Case No. 14-C-1095

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

ORDER
Plaintiff James Williams 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 meets the requirements of § 1915(a). Plaintiff avers that he is unemployed, with
income limited to public assistance and VA benefits, which is more than subsumed by monthly
expenses. He owns a vehicle, but it is 18 years old, and a residence, but the mortgage balance
far exceeds the value. He has no other valuable property. Finally, plaintiff avers that he
believes he is entitled to the relief sought in the complaint, 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 15th day of September, 2014.
/s Lynn Adelman
LYNN ADELMAN
District Judge