McGuire v. Colvin

Filing 3

ORDER signed by Judge Rudolph T. Randa on 1/27/2015 GRANTING 2 Motion for Leave to Proceed in forma pauperis. (cc: all counsel, VIA US mail to Bobby McGuire) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BOBBY McGUIRE,
Plaintiff,
-vsCase No. 15-C-0093
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

DECISION AND ORDER
Plaintiff Bobby McGuire (“McGuire”) 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.
1915(e)(2).

28 U.S.C. §

By his petition and affidavit to proceed IFP, McGuire avers that he
is single. Monthly, McGuire receives $189 in public assistance. McGuire
owns a 2001 Chrysler Sebring worth $6,000. However, he owns no other
valuable tangible property and has no funds in a checking or savings
account. McGuire’s monthly expenses of $347 exceed his monthly total
income.
Based on the information provided, McGuire 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, McGuire’s Complaint
states an arguable claim for relief.

Accordingly, McGuire’s petition for

leave to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
McGuire’s petition for leave to proceed IFP (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin, this 27th day of January, 2015.
BY THE COURT:

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

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