Wright v. Astrue

2:09-cv-01040 | E.D. Wis. | Nov 12, 2009


__________________________________________________ RUSSELL W RIGHT,

Plaintiff, v. Case No. 09-CV-1040 MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant. __________________________________________________ ORDER On November 4, 2009, plaintiff Russell W right (“W right”) filed a complaint seeking judicial review of a decision by the Commissioner of the Social Security Administration denying his application for Supplemental Security Income disability benefits. In connection with his complaint, W right also filed a motion for leave to proceed in forma pauperis (IFP). The court finds that W right does not fulfill the requirements to proceed IFP and will deny his motion.

The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams , 490 U.S. 319, 327 (1989). To authorize a litigant to proceed in forma pauperis , the court must first determine that the litigant is unable to pay the costs of commencing the action. 28 U.S.C. § 1915(a). Second, the court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. § 1915(e)(2). In making the latter determination, the court must give a pro se plaintiff's allegations, “however inartfully pleaded,” a liberal construction. Haines v. Kerner , 404 U.S. 519" date_filed="1972-02-22" court="SCOTUS" case_name="Haines v. Kerner">404 U.S. 519, 520 (1972).

The court finds that Wright fails to establish his inability to pay the costs of commencing this action. Wright submits an affidavit in which he declares under penalty of perjury that he is currently unemployed and has one dependent child. However, he also asserts a monthly income of $2,774.00. This means that W right has an annual income of more than $30,000.

W right asserts monthly expenses in the amount of $2,108.00, which includes a monthly child support payment. Even after deducting these expenses, W right retains $666.00 of disposable income each month. Therefore, W right is capable of paying the $350.00 filing fee and does not need his legal action subsidized by the taxpayers.

After evaluation of W right’s income and expenses, the court concludes that he is ineligible to proceed IFP. Therefore, the court will deny W right’s motion and order him to pay the required filing fee.

Accordingly, IT IS ORDERED that the plaintiff’s motion for leave to proceed in forma

pauperis (Docket #2) be and the same is hereby DENIED . Plaintiff is ordered to pay the $350.00 filing fee for this action.

Dated at Milwaukee, W isconsin, this 12th day of November, 2009.


J.P. Stadtmueller U.S. District Judge