Tunis v. Colvin

Filing 4

ORDER signed by Judge Lynn Adelman on 5/19/15 granting 3 Motion for Leave to Proceed in forma pauperis. 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

JAMES TUNIS,
Plaintiff,
v.

Case No. 15-C-582

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

ORDER
Plaintiff James Tunis seeks judicial review of a decision by the Commissioner of the
Social Security Administration. Pursuant to 28 U.S.C. § 1914(a), a plaintiff must pay a filing
fee to bring an action in federal court, but plaintiff requests leave to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a)(1), 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.”
Plaintiff has filed the required affidavit, and on review I am satisfied that he meets the
requirements of § 1915(a)(1). Plaintiff’s household income (his SSI, his spouse’s employment
earnings, and food stamps) is subsumed by expenses. They own no real estate or other
valuable property aside from a nine year old vehicle. Finally, plaintiff indicates that he believes
he is entitled to the relief sought in the complaint, and on review of the complaint I am 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 19th day of May, 2015.
/s Lynn Adelman
LYNN ADELMAN
District Judge