CARLOS MURGUIA, District Judge
This matter comes before the court on plaintiff Kevin A. Harkins' Motion for Leave to Proceed In Forma Pauperis (Doc. 2) because he is unable to pay the costs and expenses of this action, including the cost of service.
28 U.S.C. § 1915(a) provides that:
any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without prepayment of fees or security therefor, by a person who submits an affidavit . . . that the person is unable to pay such fees or give security therefor.
Proceeding in forma pauperis in a civil case is a privilege which the court has wide discretion to grant or deny. Cabrera v. Horgas, No. 98-4231, 1999 WL 241783, at *1 (10th Cir. Apr. 23, 1999); Cross v. Gen. Motors Corp., 721 F.2d 1152, 1157 (8th Cir. 1983); Wheeler v. Wichita Police Dep't, No. 97-1076-FGT, 1997 WL 109694, at *1 (D. Kan. Feb. 27, 1997). To prevent abuse of the privilege, § 1915 requires the court to dismiss an in forma pauperis action if the allegation of poverty is untrue, if the action is frivolous or malicious, or if the action fails to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2).
In this action, the plaintiff seeks judicial review of a decision by the commissioner of social security denying benefits to plaintiff. Plaintiff alleges that the commissioner's decision is not in accordance with the law and is not supported by substantial evidence. The court's review of the complaint reveals that the action is not frivolous or malicious and states a claim upon which relief may be granted.
Plaintiff provides an affidavit of poverty in which he alleges that he is unemployed, his wife is employed, and his wife's net pay totals approximately $1000.00 per month. Plaintiff's wife's income is the only means of support for plaintiff and his wife, and plaintiff asserts living expenses of approximately $1080.00 per month. Plaintiff has satisfied the court that he is unable to pay the fees and costs of this action.
IT IS THEREFORE ORDERED that plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is granted.