Rosen v. Colvin

Filing 5

ORDER signed by Judge Pamela Pepper for Judge Rudolph T. Randa on 1/20/2016 GRANTING 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTINA ROSEN,
Plaintiff,
-vs-

Case No. 16-C-0061

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

DECISION AND ORDER
Plaintiff Christine Rosen 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, Rosen avers that she is
single and has no persons whom she is legally responsible to support. Rosen

receives $194 in public assistance each month. She has no checking or savings
account or valuable property She lives in the home of her significant other’s
father. While she is not currently paying rent, she is expected to re-pay her
share if possible.
Based

on

the

information

provided,

Rosen

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, Rosen’s Complaint states
arguable claims for relief. Accordingly, Rosen’s petition for leave to proceed
IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Rosen’s petition for leave to proceed IFP (ECF No. 2) is GRANTED.
Dated at Milwaukee, Wisconsin, this 20th day of January, 2016.

BY THE COURT:

s/ Pamela Pepper
HON. RUDOLPH T. RANDA
U.S. District Judge

-2-