Webster v. Colvin

Filing 4

ORDER signed by Judge Rudolph T. Randa on 5/7/2015 GRANTING 3 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID L. WEBSTER,
Plaintiff,
-vsCase No. 15-C-0520
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

DECISION AND ORDER
Plaintiff David L. Webster (“Webster”) seeks leave to proceed in
forma pauperis (“IFP”) (ECF No. 3) on his appeal from the denial of his
applications 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, Webster avers that he is

single and receives $1,171 in disability compensation monthly. Webster
owns a 1999 Ford Van worth $250. However, he owns no other valuable
tangible property and has no funds in a checking or savings account.
Webster’s monthly expenses of $985 exceed his monthly total income by
$186.
As a practical matter, there is no indication that he has the financial
capacity to pay the $350 filing fee for this action. Therefore, he has
demonstrated that he satisfies the requirements of 28 U.S.C. § 1915(a).
Furthermore, Webster’s Complaint states an arguable claim for relief.
Accordingly, Webster’s petition for leave to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Webster’s petition for leave to proceed IFP (ECF No. 3) is
GRANTED.
Dated at Milwaukee, Wisconsin, this 7th day of May, 2015.
BY THE COURT:

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

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