Dixon v. Commissioner of the Social Security Administration
ORDER signed by Judge J.P. Stadtmueller on 6/6/2017 DENYING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. Plaintiff to pay full $400 filing fee within 14 days or this action will be dismissed without prejudice and without further notice. (cc: all counsel, via mail to Ronald F. Dixon) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RONALD F. DIXON,
Case No. 17-CV-616-JPS
COMMISSIONER OF THE SOCIAL
Ronald F. Dixon filed a complaint in this matter and a motion for
leave to proceed in forma pauperis. (Docket #1 and #2). 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 does not satisfy that definition in this case.
In his motion for leave to proceed in forma pauperis, the plaintiff
made statements about his income and expenses under oath. (Docket #2).
He indicates that although he is unemployed, his spouse is employed and
collects monthly wages of $1,600. Id. at 1-2. The plaintiff’s monthly
expenses, including a mortgage payment, credit card payment, and other
household expenses, total $1,442. Id. at 2. The plaintiff also indicates that
he owns two vehicles and a home, though he attests that he does not have
any equity in the home. Id. at 3.
Based on this information, the Court cannot fairly conclude that the
plaintiff is indigent for the purposes of Section 1915(a) and (e)(2). While
the Court acknowledges that it may be difficult for the plaintiff to pay the
filing fee, it is not clear that the plaintiff would be unable “to provide
himself…with the necessities of life” if required to pay the filing fee, and
so the Court cannot find him indigent. Adkins v. E.I. DuPont de Nemours &
Co., 335 U.S. 331, 339 (1948).
Because the Court finds that the plaintiff is able to pay the filing fee,
and so is not indigent, the Court will deny his motion for leave to proceed
in forma pauperis and require him to pay that fee within fourteen days. If
he fails to pay that fee, the Court will dismiss this action without prejudice
and without further notice.
IT IS ORDERED that the plaintiff’s motion for leave to proceed in
forma pauperis (Docket #2) be and the same is hereby DENIED; the plaintiff
shall pay the full $400.00 filing fee in this action within fourteen (14) days
of the entry of this order; failure to do so will result in the dismissal of this
action without prejudice and without further notice.
Dated at Milwaukee, Wisconsin, this 6th day of June, 2017.
BY THE COURT:
U.S. District Judge
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