Opinion
Case No. 16-C-11
01-06-2016
TIMOTHY E. PAEZ, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
DECISION AND ORDER
Pro se Plaintiff Timothy Paez (Paez) seeks leave to proceed in forma pauperis (IFP) (ECF No. 2) on his appeal from the denial of his application for social security disability insurance. In order to authorize a litigant to proceed IFP, the Court must make two determinations: first, whether the litigant is unable to pay the costs of commencing this action; and second, whether the action is frivolous or malicious. 28 U.S.C. §§ 1915(a) and (e)(2)(B)(i). The Court must deny a request to proceed IFP if (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the action fails to state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2).
By his petition and affidavit to proceed IFP, Paez avers that he is married, has two dependent children, and a monthly income of $1,088 in disability compensation. He owns a 2005 Toyota Camry worth $1,500 and has $150 in cash or in a checking or savings account. (Pet. 3.) His monthly expenses total $1,132, which exceeds his income and he has minimal assets.
Based on the information provided, Paez has satisfied the requirements of 28 U.S.C. § 1915(a) by demonstrating that he is unable to pay the $350 filing fee for this action. Furthermore, Paez's Complaint states an arguable claim for relief. Accordingly, Paez's petition for leave to proceed IFP is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:
Paez's motion for leave to proceed IFP (ECF No. 2) is GRANTED.
Dated at Milwaukee, Wisconsin, this 6th day of January, 2016.
BY THE COURT:
s/ J. P. Stadtmueller
for HON. RUDOLPH T. RANDA
U.S. District Judge