Dustin Johnson v. Frank J. Bisignano

Summary

The United States District Court for the Eastern District of Wisconsin grants Dustin Johnson’s motion to proceed without prepaying the filing fee in his action seeking review of a Social Security disability benefits decision. The court finds that Johnson cannot pay the filing fee and that his appeal is not frivolous because it may have a legal or factual basis.

Holdings

1. The plaintiff demonstrated that he could not pay the $405 filing fee, and therefore satisfied the financial requirement for proceeding without prepaying the fee.
2. The complaint was not frivolous because it presented an arguable basis in law or fact for challenging the Commissioner's denial of disability benefits.

Questions Presented

1. Whether the plaintiff demonstrated that he was unable to pay the federal filing fee.
2. Whether the plaintiff's complaint was frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

other