Williams v. Berryhill

Filing 5

ORDER signed by Judge J.P. Stadtmueller on 9/1/2017 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
ERIN WILLIAMS,

v.

Plaintiff,

Case No. 17-CV-1186-JPS

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

ORDER

Plaintiff 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 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, unmarried, and has two
teenage children who are her dependents. Id. at 1. She has no income but
she receives aid and state welfare of around $950 per month. Id. at 2. Her
expenses total between $1000–$1100 each month. Id. at 2–3. Further, she has

no assets whatsoever. Id. at 3–4. In light of these facts, 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 1–2). 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 #2) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 1st day of September, 2017.
BY THE COURT:

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

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