Paez v. Commissioner of the Social Security Administration

Filing 3

ORDER signed by Judge J. P. Stadtmueller for Judge Rudolph T. Randa on 1/6/2016 GRANTING 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel, via mail to Timothy Paez) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TIMOTHY E. PAEZ,
Plaintiff,
-vsCase No. 16-C-11
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

DECISION AND ORDER
Pro se Plaintiff Timothy Paez (Paez) seeks leave to proceed in forma
pauperis (IFP) (ECF No. 2) on his appeal from the denial of his application for
social security disability insurance. 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, Paez avers that he is
married, has two dependent children, and a monthly income of $1,088 in

disability compensation. He owns a 2005 Toyota Camry worth $1,500 and has
$150 in cash or in a checking or savings account. (Pet. 3.) His monthly
expenses total $1,132, which exceeds his income and he has minimal assets.
Based

on

the

information

provided,

Paez

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, Paez’s Complaint states an
arguable claim for relief. Accordingly, Paez’s petition for leave to proceed IFP
is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Paez’s motion for leave to proceed IFP (ECF No. 2) is GRANTED.
Dated at Milwaukee, Wisconsin, this 6th day of January, 2016.

BY THE COURT:

s/ J. P. Stadtmueller
for HON. RUDOLPH T. RANDA
U.S. District Judge

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