Dumas v. Commissioner of the Social Security Administration

Filing 7

ORDER signed by Judge Rudolph T. Randa on 10/24/2014 GRANTING 4 Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BARBARA DUMAS,
Plaintiff,
-vs-

Case No. 14-C-1321

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

DECISION AND ORDER

Plaintiff Barbra Dumas (“Dumas”) seeks leave to proceed in forma
pauperis (“IFP”) (ECF No. 4) on her appeal from the denial of her
application for social security supplemental security income. In order to
authorize a litigant to proceed IFP, 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). The Court must deny a
request to proceed IFP if (1) the allegation of poverty is untrue; (2) the
action is frivolous; (3) the action fails to state a claim; or (4) the action
seeks monetary relief against an immune defendant.
1915(e)(2).

28 U.S.C. §

By her petition and affidavit to proceed IFP, Dumas avers that she
is unemployed and married. Dumas receives $194 in public assistance that
she uses to buy groceries; her husband has no income. Dumas owns no
valuable tangible or intangible property.

She has $3.00 in cash or a

financial account. She resides with her daughter who provides her with
shelter, telephone service, and personal care items including medications.
Based on the information provided, Dumas has satisfied the
requirements of 28 U.S.C. § 1915(a) by demonstrating that she is unable to
pay the $350 filing fee for this action. Furthermore, Dumas’ Complaint
states an arguable claim for relief. Accordingly, Dumas’ petition for leave
to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Dumas’ petition for leave to proceed IFP (ECF No. 4) is GRANTED.
Dated at Milwaukee, Wisconsin, this 24th day of October, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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