Wilson v. Project Patch, Inc.

Filing 11

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Proceed In Forma Pauperis (Dkt. 2 ) is DENIED. 2. Plaintiff must pay the filing fee of $400.00 before he will be allowed to proceed with his complaint.1 He may do so in monthly installments of $100.00. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Emailed to jd in Finance.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ERIC WILSON, as an individual as guardian
of K.W.,
Plaintiff,

Case No. 1:17-cv-00213-DCN
MEMORANDUM DECISION AND
ORDER

v.
PROJECT PATCH, INC.,
Defendant.

On April 19, 2017, Eric Wilson filed a Motion for Leave to Proceed in forma pauperis in
this case. Dkt. 2. On June 14, 2017, the Honorable Candy W. Dale issued an initial review order
in this case. Dkt. 9. When the parties fail to consent to have a case assigned to a United States
Magistrate Judge, a United States District Judge must enter a final order on a motion to proceed
in forma pauperis under 28 U.S.C. § 636. Therefore this case was reassigned to a district judge
for consideration. The Court hereby incorporates Judge Dale’s previous findings and analysis in
this matter.
In his application to proceed in forma pauperis, Plaintiff reports that he earns gross wages
of $128,000 per year, and that his net wages each month are $6,200. He owns a home, and
indicates he has monthly expenses of $3,700 for his home mortgage; $1,500 for a home health
aide for his disabled spouse; $1,000 for college tuition; $800 for food; $250 for utilities; and
$200 for his spouse’s medical treatment. Although it appears Plaintiff spends more than he earns
each month, Plaintiff does not meet the criteria to establish that he is indigent under 28 U.S.C. §
1915, and may not proceed without the prepayment of filing fees or costs.

MEMORANDUM DECISION AND ORDER -

1

ORDER
IT IS ORDERED:
1.

Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. 2) is DENIED.

2.

Plaintiff must pay the filing fee of $400.00 before he will be allowed to proceed
with his complaint.1 He may do so in monthly installments of $100.00.
DATED: October 10, 2017
_________________________
Honorable David C. Nye
United States District Court

1

As part of her initial review, Judge Dale did review Wilson’s claims and found them valid.
Once the filing fee is paid, this case will move forward.
MEMORANDUM DECISION AND ORDER -

2