McCarthy v. Dorr et al

Filing 4

Order on ifp request: Leave to proceed granted in part. Initial partial filing fee of $ 175.00 assessed. Initial partial filing fee due by 7/29/2008 or file to be closed w/o prejudice. Signed by Judge Barbara B Crabb on 7/8/2008. (llj),(ps)

McCarthy v. Dorr et al

Doc. 4

Case: 3:08-cv-00381-bbc

Document #: 4

Filed: 07/09/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------T H O M A S M. MCCARTHY, ORDER Petitioner, 0 8 - cv -3 8 1 - b b c v. T H O M A S C. DORR, Under Secretary and ED SCHAFER, Secretary, R espo nd ents. --------------------------------------------T h is is a civil action in which petitioner, a resident of Chippewa Falls, Wisconsin, alleges that he was wrongfully terminated from his employment at the United States D epartm ent of Agriculture­Rural Development on or around June 13, 2006. Petitioner asks for leave to proceed without prepayment of fees and costs and has supported his request with an affidavit of indigency. The standard for determining whether petitioner qualifies for indigent status is the f o l lo w i n g :

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F ro m petitioner's annual gross income, the court subtracts $2820 for each dependent excludin g the petitioner.

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Dockets.Justia.com

Case: 3:08-cv-00381-bbc

Document #: 4

Filed: 07/09/2008

Page 2 of 3

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If the balance is less than $11,500, the petitioner may proceed without any prep aym ent of fees and costs.

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If the balance is greater than $11,500 but less than $15,000, the petitioner must prep ay half the fees and costs.

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If the balance is greater than $15,000, the petitioner must prepay all fees and costs. S u bstan tial assets or debts require individual consideration. F ro m petitioner's affidavit of indigency, I find that he has an annual gross income of

$11,5 83. He has no dependents and no substantial debts. Because petitioner's income falls in the $11,500 to $15,000 range, he must prepay half the fees and costs. If petitioner w i sh es to proceed with this action, he will have to pay $175, which is half of the $350 filing fee.

ORDER IT IS ORDERED that petitioner's request for leave to proceed without prepayment of fees and costs in this action is GRANTED IN PART. Further, IT IS ORDERED that petitioner may have until July 29, 2008, in which to p ay $175 as prepayment of half the $350 fee for filing his lawsuit. If, by July 29, 2008, petition er fails to respond to this order, I will assume that he no longer wishes to prosecute this action and the clerk of court is directed to close this file without prejudice to petitioner's

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Case: 3:08-cv-00381-bbc

Document #: 4

Filed: 07/09/2008

Page 3 of 3

filing his case at a later date. E n tered this 8th day of July, 2008. B Y THE COURT:

__________________________________ B AR B AR A B. CRABB D istrict Judge

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