Hawley v. Commissioner of the Social Security Administration

Filing 4

ORDER signed by Judge Rudolph T. Randa on 12/17/2014 GRANTING 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via US mail to Charles Hawley) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHARLES THOMAS HAWLEY,
Plaintiff,
-vs-

Case No. 14-C-1511

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

DECISION AND ORDER
Plaintiff Charles Thomas Hawley (“Hawley”) seeks leave to proceed
in forma pauperis (“IFP”) (ECF No. 2) on his appeal from the denial of his
application(s) for social security disability insurance benefits. 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. 28 U.S.C. §
1915(e)(2).
By his petition and affidavit to proceed IFP, Hawley avers that he is

single. Monthly, Hawley receives $191 in public assistance.

Hawley has

no valuable tangible property and has no funds in a checking or savings
account. Hawley’s monthly expenses exceed his monthly total income.
Based on the information provided, Hawley has satisfied the
requirements of 28 U.S.C. § 1915(a) by demonstrating that he is unable to
pay the $350 filing fee for this action. Furthermore, Hawley’s Complaint
states an arguable claim for relief. Accordingly, Hawley’s petition for leave
to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Hawley’s petition for leave to proceed IFP (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin, this 17th day of December, 2014.
BY THE COURT:

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

-2-