Smith v. Colvin
Filing
5
DECISION AND ORDER signed by Judge Rudolph T Randa on 7/23/2015 GRANTING 2 Plaintiffs Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (Zik, Linda)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
VERGIE M. SMITH,
Plaintiff,
-vs-
Case No. 15-C-873
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
DECISION AND ORDER
Plaintiff Vergie M. Smith (“Smith”) seeks leave to proceed in forma
pauperis (“IFP”) (ECF No. 2) on her appeal from the denial of her applications
for social security disability benefits and supplemental security income. 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 her petition and affidavit to proceed IFP, Smith avers that she is
married and has no persons whom she is legally responsible to support.
Smith receives $334 in public assistance each month, and her spouse receives
monthly income of $888 ($248 in disability compensation and $640 in
retirement income). Neither she nor her spouse own a motor vehicle. They
have no funds in a financial account and have no valuable tangible or
intangible property.
Smith’s monthly expenses exceed her monthly total
income by $3.
Based
on
the
information
provided,
Smith
has
satisfied
the
requirements of 28 U.S.C. § 1915(a) by demonstrating that she is unable to
pay the $350 filing fee for this action. Furthermore, Smith’s Complaint states
arguable claims for relief.
Accordingly, Smith’s petition for leave to proceed
IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Smith’s petition for leave to proceed IFP (ECF No. 2) is GRANTED.
Dated at Milwaukee, Wisconsin, this 23rd
day of July, 2015.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-
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