Schuenke v. Colvin

Filing 7

ORDER signed by Judge J. P. Stadtmueller on 12/8/2016 GRANTING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TERI SCHUENKE,
Plaintiff,

Case No. 16-CV-1569-JPS

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

ORDER
Defendant.
Teri Schuenke filed a complaint in this matter and a motion for leave
to proceed without prepayment of the filing fee. (Docket #1, #2). The Court
may grant the plaintiff’s motion to proceed without prepayment of the filing
fee if it determines that: (1) the plaintiff is truly indigent and unable to pay
the costs of commencing this action; and (2) the plaintiff’s action is neither
frivolous nor malicious. 28 U.S.C. §§ 1915(a), (e)(2).
As to the first requirement, the privilege to proceed without payment
of costs and fees “is reserved to the many truly impoverished litigants
who…would remain without legal remedy if such privilege were not
afforded to them.” Brewster v. North Am. Van Lines, Inc., 461 F.2d 649, 651 (7th
Cir. 1972).
The plaintiff’s motion to proceed without prepayment of the filing fee
details her monthly expenses and income. The plaintiff and her spouse share
one fifteen-year old car, have no money in checking and savings, and her
family monthly expenses are only slightly below the monthly income. As
such, the Court is satisfied that the plaintiff is indigent and cannot afford the
filing fee.

The plaintiff’s action also is not frivolous or malicious. The plaintiff
submitted a complaint, which includes an allegation that the Administrative
Law Judge (“ALJ”) erred in reaching a decision. (Docket #1). If that
contention is true, then the Court will be obliged to vacate the ALJ’s decision.
Thus, the plaintiff’s action is neither frivolous nor malicious.
For those reasons, the Court will grant the plaintiff’s motion for leave
to proceed without prepayment of the filing fee.
Accordingly,
IT IS ORDERED that the plaintiff’s motion for leave to proceed
without prepayment of the filing fee (Docket #2) be and the same is hereby
GRANTED.
Dated at Milwaukee, Wisconsin, this 8th day of December, 2016.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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