Szczybor v. Colvin

Filing 4

ORDER signed by Judge Lynn Adelman on 1/8/15 that plaintiffs petition to proceed in forma pauperis 3 is GRANTED. The file will be returned to the Clerk of Courts for service on defendant (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

LISA SZCZYBOR,
Plaintiff,
v.

Case No. 14-C-1612

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

ORDER
Plaintiff Lisa Szczybor seeks judicial review of a decision by the Commissioner of the
Social Security Administration. 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. Under 28 U.S.C. § 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. Upon review of that affidavit, the court is satisfied
that she meets the requirements of § 1915(a). Plaintiff avers that she is unemployed, with no
income other than food stamps. Her husband is employed, but they live with a friend after
losing their home to foreclosure. They have no valuable assets aside from a 15 year old
vehicle. Plaintiff further avers that she believes she is entitled to the relief sought in the
complaint, and on review of the complaint the court is unable to determine that the action is
frivolous or that the complaint fails to state a claim.

THEREFORE, IT IS ORDERED that plaintiff’s petition to proceed in forma pauperis (R.
3) is GRANTED. The file will be returned to the Clerk of Courts for service on defendant.
Plaintiff is advised to provide defendant or her counsel with copies of all future motions
or papers filed by plaintiff in this action.
Dated at Milwaukee, Wisconsin this 8th day of January, 2015.
/s Lynn Adelman
LYNN ADELMAN
District Judge