STATE
OF OFFICE OF ADMINISTRATIVE HEARINGS
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The above-entitled matter came on before Administrative Law Judge Steve M. Mihalchick, on the Complainant’s motion to proceed in forma pauperis in the Court of Appeals in accordance with Minnesota Rules of Civil Appellate Procedure 109.02.
Jack Shepard (Complainant/ Appellant), represented himself. No other person submitted information or argument concerning Mr. Shepard’s petition to proceed in forma pauperis.
Based upon the written submissions and the record in this matter, the Administrative Law Judge (ALJ) makes the following:
FINDINGS OF FACT
1.
Jack Shepard filed an affidavit for proceeding in forma pauperis on August 20,
2010. According to his affidavit, Mr.
Shepard has a family size of 3 members and an annual income is $13,463. He estimates his debts to be $25,000.
2.
The 2010 federal poverty guideline for three persons is
$18,310. The
3.
By Order dated August 31, 2010, the undersigned
Administrative Law Judge denied the Respondents’ request that the Complaint in
this matter be found to be frivolous because the Complaint was supported by
good faith argument and had a sufficient basis in law to survive initial prima facie review.[1]
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS OF LAW
1.
Mr. Shepard’s income meets
the criterion for proceeding in forma
pauperis status.
2.
Mr. Shepard’s appeal is not of a frivolous nature.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge makes the following:
ORDER
Based upon all of the records, files, and proceedings herein, IT IS HEREBY ORDERED that Mr. Shepard’s application to proceed in forma pauperis is GRANTED.
Dated this 21st day of September, 2010
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/s/ Steve M. Mihalchick |
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STEVE M. MIHALCHICK |
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Administrative Law Judge |