Saunders v. Commissioner of Social Security Administration

Filing 6

ORDER signed by Judge J.P. Stadtmueller on 1/25/2017 GRANTING 4 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TAD LEE SAUNDERS,
Plaintiff,

Case No. 17-CV-109-JPS

v.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,

ORDER
Defendant.
Tad Lee Saunders filed a complaint in this matter and a motion for
leave to proceed without prepayment of the filing fee. (Docket #1 and #4).
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 his motion for leave to proceed in forma pauperis, the plaintiff
made statements about his income under oath. (Docket #4). His statements
show that his monthly income totals $1,232.00, which comes entirely from his
wife’s wages. Id. at 2. He further asserts that after tax, her net pay is $875.00.
Id. at 4. The family has also received over four thousand dollars in the past
twelve months via various means of public assistance. Id. at 2. He owns no
property and claims that he has $5.00 in savings. Id. at 3-4. The family’s

expenses for rent, groceries, and other bills exceeds $1,300.00. Id. at 2. As his
expenses exceed his 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 #4) be and the same is hereby
GRANTED.
Dated at Milwaukee, Wisconsin, this 25th day of January, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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