Belton v. Commissioner of the Social Security Administration

Filing 4

ORDER signed by Judge J.P. Stadtmueller on 6/12/2017 GRANTING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. (cc: all counsel, via mail to Matthew Belton) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MATTHEW BELTON,
Plaintiff,

v.

COMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

Case No. 17-CV-809-JPS

ORDER

Defendant.
Plaintiff, Matthew Belton, 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. N. Am. Van Lines, Inc., 461 F.2d 649, 651
(7th Cir. 1972). In his motion for leave to proceed in forma pauperis, Plaintiff
made statements about his income, expenses, and assets under oath.
(Docket #2). He avers that he has a monthly income of $750, lives in a rented
residence at a cost of $215 per month, owns a car worth approximately
$1,800, has less than $50 in a bank account. Id. at 2–3. Documents submitted
in connection with his complaint reveal that his monthly expenses other
than rent, including utilities and debt payments, total over $500. (Docket

#1-1 at 2–4). Given that his monthly expenses appear to exceed his income,
the Court is satisfied 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 at 3). 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 12th day of June, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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