Kline v. Berryhill

Filing 5

ORDER signed by Judge J.P. Stadtmueller on 7/11/2017 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
RACHELLE KLINE, on behalf of
CHARLES YOUNG, deceased,

v.

Plaintiff,

NANCY BERRYHILL, Acting
Commissioner of the Social Security
Administration,

Case No. 17-CV-919-JPS

ORDER

Defendant.
Plaintiff filed a complaint in this matter and a motion for leave to
proceed in forma pauperis. (Docket #1, #3). 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 her motion for leave to proceed in forma pauperis, Plaintiff
made statements about her income, expenses, and assets under oath.
(Docket #3). She avers that she is employed, with a monthly income of
approximately $1,450, and that her monthly expenses, which include
supporting four children, are around $1,400. She is unmarried, owns a car

and a home, but has no savings or cash on hand. In light of these facts, and
considering that her monthly expenses appear to equal her 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 2). 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 #3) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 11th day of July, 2017.
BY THE COURT:

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

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