Copus, Patricia v. Penn, Trajan
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 4/3/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TRAJAN A. PENN,
Plaintiff Patricia Copus has submitted a proposed complaint. Plaintiff has asked for leave
to proceed in forma pauperis and has supported her request with an affidavit of indigency. The
standard for determining whether plaintiff qualifies for indigent status is the following:
From plaintiff’s annual gross income, the court subtracts $3700 for each
dependent excluding the plaintiff.
If the balance is less than $16,000, the plaintiff may proceed without any
prepayment of fees and costs.
If the balance is greater than $16,000 but less than $32,000, the plaintiff must
prepay half the fees and costs.
If the balance is greater than $32,000, the plaintiff must prepay all fees and costs.
Substantial assets or debts require individual consideration.
In this case, plaintiff’s monthly income is $1100, which is comprised of $700 from
unemployment benefits and $450 that she receives for child support for her three children. This
makes her annual income $13,800. After subtracting $11,100 for her three dependents, plaintiff
has an annual income of $2700. Because plaintiff’s income is less than $16,000, she can
proceed without any prepayment of fees or costs.
Accordingly, IT IS ORDERED that plaintiff’s complaint is taken under advisement. As
soon as the court’s calendar permits, plaintiff’s complaint will be screened pursuant to 28 U.S.C.
§ 1915 to determine whether the case must be dismissed either because the complaint is
frivolous or malicious, fails to state a claim on which relief may be granted or seeks monetary
relief against a defendant who is immune from such relief. Plaintiff will be notified promptly
when such a decision has been made. In the meantime, if plaintiff needs to communicate with
the court about this case, she should be sure to write the case number shown above on her
Entered this 3rd day of April, 2013.
BY THE COURT: