Bolter v. Berryhill

Filing 5

ORDER signed by Judge J.P. Stadtmueller on 2/27/2017 GRANTING 2 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
SHARON BOLTER,
Plaintiff,

Case No. 17-CV-253-JPS

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

ORDER

Defendant.
Sharon Bolter filed a complaint in this matter and a motion for leave to
proceed in forma pauperis. (Docket #1, #2). The Court may grant Plaintiff’s
motion to proceed in forma pauperis if it determines that: (1) Plaintiff is truly
indigent and unable to pay the costs of commencing this action; and (2)
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, Plaintiff made statements
about her income, expenses, and assets under oath. (Docket #2). She avers that
she is unemployed, has no source of income, no car or home, and has only
$5–10 in her savings account. Id. at 2–3. Although she has no expenses, this
appears to be because she lives with her parents. Id. at 2–4. She claims that she
cannot support herself and that it is a burden for her parents to support her.
Id. at 4. These representations satisfy the Court that Plaintiff is indigent and
cannot afford the filing fee.

Plaintiff’s action also is not frivolous or malicious. Plaintiff submitted
a complaint, which includes allegations that the Administrative Law Judge
(“ALJ”) erred in reaching a decision. (Docket #1 ¶¶ 7–25). If that contention
is true, then the Court will be obliged to vacate the ALJ’s decision. Thus,
Plaintiff’s action is neither frivolous nor malicious.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to proceed in forma
pauperis (Docket #2) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin this 27th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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