Romany v. Commissioner of Social Security

Filing 5

ORDER signed by Judge J.P. Stadtmueller on 1/3/2017 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
JESSICA ROMANY,
Plaintiff,

Case No. 16-CV-1719-JPS

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER

Jessica Romany filed a complaint in this matter and a motion for leave
to proceed without prepayment of the filing fee. (Docket #1 and #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). In her motion for leave to proceed in forma pauperis, the plaintiff
made statements about her income under oath. (Docket #2). Her statements
show that her monthly income totals $1,330.00, $510.00 of which comes from
food stamps, and the remaining $820.00 coming from her son’s Social
Security payments. Id. at 2. She owns no property and claims that her only
savings are $100.00 in her son’s account. Id. at 3-4. After groceries, paid for
with food stamps, her expenses total $875.00 for rent, utilities, and other

essentials. Id. at 4-5. As her expenses exceed her income, 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 3rd day of January, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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