Parker v. Genesis Behavioral Services Inc

Filing 5

ORDER signed by Judge Rudolph T. Randa on 7/2/2014 GRANTING 2 Plaintiff's MOTION for Leave to Proceed in forma pauperis. US Marshal directed to serve copy of Complaint and this Order upon defendant pursuant to FRCP 4. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
O:\Sandra G\PARKER - 14C0733 IPF Order -grant.docx
JAMES PARKER,
Plaintiff,
v.

Case No. 14-C-0733

GENESIS BEHAVIORAL SERVICES, INC.,
Defendant.

DECISION AND ORDER
The Plaintiff, James Parker (“Parker”), filed a Complaint against the
Defendant, Genesis Behavioral Services Inc. (“Genesis”), his former employer,
alleging violations of 42 U.S.C. § 2000(e) et seq. (“Title VII”) due to discrimination
based on his race (white) and retaliation. (ECF No. 1.) Parker also filed a petition and
affidavit for leave to proceed in forma pauperis (“IFP”) in this action. (ECF No. 2.)
In order to authorize a litigant to proceed IFP, the Court must make two
determinations: first, whether the litigant is unable to pay the costs of commencing the
action; and, second, whether the action is frivolous, malicious, fails to state a claim on
which relief may be granted, seeks monetary relief against a defendant who is immune
from such relief, or if the allegation of poverty is untrue. 28 U.S.C. §§ 1915 (a)(1) &
(e)(2).
Parker avers that he is married, neither he nor his spouse is employed, and he
has four legal dependents. He and his spouse receive a total of $1,143 in public

assistance and $2,300 in rent from their house.1 (They rent out their house and reside
with Parker’s mother-in-law). He and his spouse own a 2010 Ford Expedition worth
$15,000, with a loan of $16,0000; and a 2006 Dodge Ram worth $1,000. Their
residence is worth $108,400, and has mortgage of $92,000. However, Parker and his
spouse do not own any stocks, bonds, notes, or other valuable property (excluding
clothing and ordinary household items). They have $42 in cash or in some type of
account.
According to Parker’s affidavit, his total monthly income is $3,443. The
family of six has monthly expenses totaling $3,135, which includes expenditures of
$380 for groceries, $175 for utilities, $40 for telephone, $170 for cell phone, $80 for
cable or satellite television, $40 for internet services, $100 for home maintenance,
$100 for clothing, $400 for gasoline, $421 for the car payment, $110 for car insurance,
and $1,119 for mortgage. Parker’s total monthly income exceeds his expenses by
$308.
While it is a close question, based on the information provided, the Court
concludes that Parker has satisfied the requirements of 28 U.S.C. § 1915(a) by
demonstrating that he is unable to pay the entire $350 filing fee for this action.
Furthermore, Parker’s Complaint states an arguable claim for relief that does not
1

Parker also indicates that he received $1,050 each month in unemployment compensation
and those payments ended in December 2013. Since he does not currently receive those payments,
the amount has been subtracted from his income.
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appear to be frivolous or malicious.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Parker’s petition for leave to proceed in forma pauperis (ECF No. 2) is
GRANTED.
The United States Marshal is directed to serve a copy of the Complaint and this
order upon the Defendant pursuant to Federal Rule of Civil Procedure 4. Parker is
advised that Congress requires the United States Marshals Service to charge for
making or attempting such service. 28 U.S.C. § 1921(a). The current fee for waiverof-service packages is $8.00 per item mailed. The full fee schedule is provided at 28
C.F.R. §§ 0.114(a)(2), (a)(3). Although Congress requires the Court to order service
by the United States Marshals Service precisely because IFP plaintiffs are indigent, it
has not made any provision for these fees to be waived either by the Court or by the
United States Marshals Service.
Dated at Milwaukee, Wisconsin, this 2nd day of July, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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