Dexter v. Colvin
Filing
4
ORDER signed by Judge Lynn Adelman on 9/16/14 granting 3 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
RHONDA DEXTER,
Plaintiff,
v.
Case No. 14-C-1117
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Defendant.
ORDER
Plaintiff Rhonda Dexter 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 meets the requirements of § 1915(a). Plaintiff avers that she is unemployed, with
income limited to public assistance and child support. Her spouse is employed, but their
combined income is more than subsumed by monthly expenses. Plaintiff avers that they are
behind on their rent, close to eviction, and also behind on water and electricity. They own two
older model vehicles, but do not own any real estate or other valuable property. They have no
cash or savings. Finally, plaintiff avers that she believes she 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.
3) 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 16th day of September, 2014.
/s Lynn Adelman
LYNN ADELMAN
District Judge
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