Bell v. Affinity Health Systems

Filing 3

ORDER denying 2 Motion for Leave to Proceed in forma pauperis without prejudice. Plaintiff's lawsuit will be dismissed within 21 days unless plaintiff either pays the $350.00 filing fee or submits a complete petition and affidavit.Signed by Judge William C Griesbach on 6/23/2011. (cc: all counsel, via US mail to Frederico Bell) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FREDERICO J. BELL,
Plaintiff,
v.

Case No. 11-C-0599

AFFINITY HEALTH SYSTEMS,
Defendant.

ORDER

Plaintiff has filed an action against defendant Affinity Health Systems, claiming it
wrongfully denied him pain medication. With his complaint he has filed a motion for leave to
proceed in forma pauperis along with his declaration of assets and income. From these filings, it
is unclear whether Mr. Bell is indigent. Generally speaking, in forma pauperis status is reserved
for those plaintiffs who are incarcerated or who have almost no means at their disposal. See 28
U.S.C. § 1915.
Here, the plaintiff indicates that he has $1,250 in monthly income but it is unclear what
monthly expenses, if any, plaintiff actually pays. He fails to itemize any monthly expenses on
page 5 of the form he submitted. Nor does he state the date he last worked or his income on page 3
of the form. The petition and affidavit to proceed in forma pauperis is not a mere technicality. In
order for this Court to assess whether plaintiff qualifies to proceed in forma pauperis, plaintiff must
provide the Court with sufficient information on his income and expenses. In its current state,
plaintiff’s petition and affidavit fails to provide such basic information.

Accordingly, plaintiff’s motion to proceed in forma pauperis is denied without prejudice.
Plaintiff’s lawsuit will be dismissed within 21 days of the date of this order unless plaintiff either
pays the required $350 filing fee or submits a complete petition and affidavit detailing his monthly
expenses.
SO ORDERED this

23rd day of June, 2011.

s/ William C. Griesbach
William C. Griesbach
United States District Judge

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