Anderson v. Colvin

Filing 5

ORDER signed by Judge Rudolph T. Randa on 6/23/2015 GRANTING 3 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHN ANDERSON,
Plaintiff,
-vsCase No. 15-C-0725
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

DECISION AND ORDER
Plaintiff John Anderson (“Anderson”) 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 and supplemental security income
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, Anderson avers that he is

single and has a monthly income of $1,4411 comprised of $16 in public
assistance and $1,425 in social security benefits. He does not own any
valuable tangible property, and he has $1 in cash or in a checking or savings
account. (Pet. 3.) His monthly expenses total $1,342. While Anderson’s budget
indicates that his monthly income exceeds his monthly expenses by $101, his
budget is bare bones — and he has no assets.
Based on the information provided, Anderson 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, Anderson’s Complaint states
an arguable claim for relief. Accordingly, Anderson’s petition for leave to
proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Anderson’s motion for leave to proceed IFP (ECF No. 3) is GRANTED.
Dated at Milwaukee, Wisconsin, this 23rd day of June, 2015.

BY THE COURT:

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

1 Anderson states his total monthly income is $1,431. The Court has corrected
the error.

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