Shea v. Berryhill

Filing 4

ORDER signed by Judge J.P. Stadtmueller on 4/20/2018 DENYING without prejudice 3 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. Within 14 days, Plaintiff to either pay the full $400.00 filing fee or submit an amended motion for leave to proceed without prepayment of the filing fee. (cc: all counsel) (jm) Modified on 4/20/2018 (jm).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID SHEA,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

Case No. 18-CV-611-JPS-JPS

ORDER

Defendant.
Plaintiff filed a complaint in this matter and a motion for leave to
proceed without prepayment of the filing fee. (Docket #1 and #3). The Court
may grant Plaintiff’s motion to proceed without prepayment of the filing
fee 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) and (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). Plaintiff’s motion does not equip the Court to make such a
finding. He claims that he has absolutely no income or expenses of any
kind. (Docket #3). Plaintiff does not attempt to explain this unbelievable
circumstance in the “other circumstances” portion of the motion, other than
to state that he unemployed because he is disabled. Id. at 5. The Court
cannot find Plaintiff indigent absent a more complete disclosure of his
income and expenses, or an explanation as to why he has none of either.

Plaintiff’s motion will be denied without prejudice. Within fourteen
days, Plaintiff must either 1) submit an amended motion for leave to
proceed without prepayment of the filing fee, or 2) pay the full filing fee.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to proceed without
prepayment of the filing fee (Docket #3) be and the same is hereby DENIED
without prejudice; and
IT IS FURTHER ORDERED that, within fourteen (14) days of the
entry of this Order, Plaintiff shall either: 1) pay the full $400.00 filing fee, or
2) submit an amended motion for leave to proceed without prepayment of
the filing fee.
Dated at Milwaukee, Wisconsin, this 20th day of April, 2018.
BY THE COURT:

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

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