Hoeller v. Social Security Administration

Filing 4

ORDER signed by Judge Lynn Adelman on 12/1/14 granting 2 Motion for Leave to Proceed in forma pauperis. Further ordering that the U.S. Marshals Service shall serve a copy of the complaint, a waiver of service form and/or the summons, and this order upon defendant. (cc: via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TIMOTHY L. HOELLER,
Plaintiff,
v.

Case No. 14-C-1430

SOCIAL SECURITY ADMINISTRATION
Defendant.

ORDER
Pro se plaintiff Timothy Hoeller has filed an action against the Social Security
Administration under the Freedom of Information Act (“FOIA”). 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 pursuant to 28 U.S.C. § 1915. Under § 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, and upon review the court is satisfied that he
meets the poverty requirements of § 1915. Plaintiff receives social security disability benefits
of $1950/month, which is largely subsumed by monthly expenses. Additionally, plaintiff has
stated the nature of his claim and asserted his belief that he is entitled to redress.
THEREFORE, IT IS ORDERED that plaintiff’s request to proceed in forma pauperis (R.
2) is GRANTED.
IT IS ADDITIONALLY ORDERED, pursuant to Fed. R. Civ. P. 4(c)(3), that the U.S.

Marshals Service shall serve a copy of the complaint, a waiver of service form and/or the
summons, and this order upon defendant.
Plaintiff is advised to provide defendant or its counsel with copies of all future motions
or papers filed by plaintiff in this action.
Dated at Milwaukee, Wisconsin this 1st day of December, 2014.
/s Lynn Adelman
LYNN ADELMAN
District Judge