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BUCKNER v. COLVIN, 15-C-0933. (2015)

Court: District Court, E.D. Wisconsin Number: infdco20150814c12 Visitors: 8
Filed: Aug. 13, 2015
Latest Update: Aug. 13, 2015
Summary: DECISION AND ORDER RUDOLPH T. RANDA , District Judge . Plaintiff Dwayne Olando Buckner ("Buckner") seeks leave to proceed in forma pauperis ("IFP") (ECF No. 2) on his appeal from the denial of his application for supplemental security income benefits. 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.
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DECISION AND ORDER

Plaintiff Dwayne Olando Buckner ("Buckner") seeks leave to proceed in forma pauperis ("IFP") (ECF No. 2) on his appeal from the denial of his application for supplemental security income benefits. 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, Buckner avers that he is married and has a monthly income of $194 in the form of in public assistance. He does not own any valuable tangible or intangible property. (Pet. 3.) His monthly expenses total $944. He is currently "behind on his utility payments." (Id. at 4.) He and his wife are living with his mother who is supporting both of them.

Based on the information provided, Buckner 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, Buckner's Complaint states an arguable claim for relief. Accordingly, Buckner's petition for leave to proceed IFP is granted.

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:

Buckner's motion for leave to proceed IFP (ECF No. 2) is GRANTED.

Source:  Leagle

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