Smith v. Commissioner of the Social Security Administration

Filing 3

ORDER signed by Judge Rudolph T. Randa on 10/14/2014 GRANTING 2 Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via US mail to Booker Smith) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BOOKER J. SMITH,
Plaintiff,
v.

Case No. 14-C-1215

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

DECISION AND ORDER

Plaintiff-Claimant Booker J. Smith (“Smith”) seeks leave to proceed
in forma pauperis on the appeal from the denial of his application for
social security supplemental income benefits. (ECF No. 2.) In order to
authorize a litigant to proceed in forma pauperis, the Court must make
two determinations: First, whether the litigant is unable to pay the costs
of commencing this action; and, second, whether the action is frivolous or
malicious. 28 U.S.C. §§ 1915(a) and (e)(2)(B)(i).
By his petition and affidavit to proceed in forma pauperis, Smith
avers that he is single. He receives $189 in public assistance and owns no
valuable property.

Smith also indicates that he is supported by the

“DOC,” an abbreviation which is used for the Wisconsin Department of
Corrections.

The Court concludes that Smith has satisfied the

requirements of 28 U.S.C. § 1915(a) and is unable to pay the $350 filing
fee for this action.
Smith must next demonstrate that this action has merit, as required
by 28 U.S.C. § 1915(e)(2)(B)(i).

An action is frivolous if there is no

arguable basis for relief either in law or in fact. Denton v. Hernandez, 504
U.S. 25, 31 (1992) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989));
Casteel v. Pieschek, 3 F.3d 1050, 1056 (7th Cir. 1993).
Under 42 U.S.C. § 405(g), a plaintiff may obtain review of the Social
Security Commissioner’s decision.

The reviewing district court examines

the Commissioner’s final decision to determine whether substantial
evidence supports it and the proper legal criteria was applied. See Allord
v. Astrue, 631 F.3d 411, 415 (7th Cir. 2011).
The Complaint states that the administrative law judge and the
Appeals Council overlooked parts of Smith’s case. (See Compl. 4.) (ECF
No. 1.) At this preliminary stage of the proceedings, the Court concludes
that there may be a basis in law or in fact for Smith’s appeal of the
Commissioner’s decision and the appeal may have merit, as defined by 28
U.S.C. § 1915(e)(2)(B)(i). Therefore, the Court grants Smith’s request to
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proceed in forma pauperis.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Smith’s petition for leave to proceed in forma pauperis (ECF No. 2)
is GRANTED.
Dated at Milwaukee, Wisconsin, this 14th day of October, 2014.

BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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