Blanchette v. Commissioner of Social Security Administration

Filing 3

ORDER signed by Judge Rudolph T. Randa on 12/18/2014 GRANTING 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
NICOLE MARIE BLANCHETTE,
Plaintiff,
-vs-

Case No. 14-C-1545

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

DECISION AND ORDER

Plaintiff Nicole Marie Blanchette (“Blanchette”) seeks leave to
proceed in forma pauperis (“IFP”) (ECF No. 2) on her appeal from the
denial of her application 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 her petition and affidavit to proceed IFP, Blanchette avers that

she is unemployed and single. She also has a minor daughter. Blanchette
receives $357 in public assistance that she uses to buy groceries.
Blanchette owns no valuable tangible or intangible property, and has no
funds in cash or a financial account.

She resides with her cousin who

provides her with shelter without requiring that Blanchette contribute to
rent and/or utility payments due to Blanchette’s lack of income or
resources. Based on the information provided, Blanchette 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, Blanchette’s Complaint
states arguable claims for relief. Accordingly, Blanchette’s petition for
leave to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Blanchette’s petition for leave to proceed IFP (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin, this 18th day of December, 2014.
BY THE COURT:

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

-2-