Petersen v. Berryhill

Filing 4

ORDER signed by Judge J.P. Stadtmueller on 2/15/2017 GRANTING 3 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
SCOTT C. PETERSEN,
Plaintiff,

Case No. 17-CV-197-JPS

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

ORDER
Defendant.
Scott C. Petersen filed a complaint in this matter and a motion for
leave to proceed in forma pauperis. (Docket #1 and #3). The Court may grant
the plaintiff’s motion to proceed in forma pauperis 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 has filed an affidavit accompanying the motion to
proceed in forma pauperis, which demonstrates that the plaintiff is indigent.
(Docket #3). More precisely, the affidavit shows that the plaintiff’s monthly
expenditures are $185.00, comprised entirely of food stamp purchases, and
that his monthly income is zero. Id. He claims to have no savings and owns
no significant assets. Id. Thus, it appears the plaintiff is indeed indigent.

The plaintiff’s action also is not frivolous or malicious. The complaint
includes an allegation that the Administrative Law Judge (“ALJ”) erred in
reaching a decision. (Docket #1 at 2). 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 in forma pauperis.
Accordingly,
IT IS ORDERED that the plaintiff’s motion for leave to proceed in
forma pauperis (Docket #3) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 15th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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