Metcalf v. Raemisch et al

Filing 7

ORDER signed by Judge Lynn Adelman on 8/5/10 granting 2 Motion for Leave to Proceed in forma pauperis. (cc: plaintiff, all counsel) (Wesolek, Marie)

Metcalf v. Raemisch et al

Doc. 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

SCOTT A. METCALF, Plaintiff, v. RICK RAEMISCH, Secretary of Wisconsin Department of Corrections, RUTH DONALDS, Field Supervisor of Wisconsin Department of Corrections, SARAH THIERMANN, Agent of Wisconsin Department of Corrections Defendants. Case No. 10-C-0615

DECISION AND ORDER Plaintiff Scott A. Metcalf has filed a civil action in this court and requests permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Under § 1915, an indigent party may commence a federal court action without paying required costs and fees upon submission of an affidavit asserting inability "to pay such fees or give security therefor" and stating "the nature of the action, defense or appeal and the affiant's belief that the person is entitled to redress." 28 U.S.C. § 1915(a)(1). Plaintiff has filed the required affidavit of indigence. Upon review of that affidavit, the court is satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915. Plaintiff has no income, supports a minor son, and has only $80.00 in assets. Thus, I find that he cannot afford to pay the $350 filing fee. Additionally, plaintiff has stated the nature of this action and asserted his belief that he is entitled to redress.

Dockets.Justia.com

THEREFORE, IT IS ORDERED that plaintiff's request to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the complaint and a copy of this order be served on the defendants through the Attorney General of the State of Wisconsin. Plaintiff is advised to provide defendants or their counsel with copies of all future motions or papers filed in this action. Dated at Milwaukee, Wisconsin this 5 day of August, 2010.

/s_____________________________ LYNN ADELMAN District Judge

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