Beans, David v. Washington Mutual Financial

Filing 3

ORDER staying decision on ifp. Plaintiff to submit amended affidavit of indigency by 3/21/2011. Signed by Magistrate Judge Stephen L. Crocker on 3/2/11. (elc),(ps)

Beans, David v. Washington Mutual Financial

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN _________________________________________________________________________________________ DAVID S. BEANS, ORDER Plaintiff, v. WASHINGTON MUTUAL FINANCIAL, Defendant. _________________________________________________________________________________________ Plaintiff David S. Beans has requested leave to proceed in forma pauperis in this civil action for monetary relief, brought under 42 U.S.C. § 1983. From the affidavit of indigency 11-cv-142-wmc

accompanying plaintiff's proposed complaint, I cannot determine whether he qualifies for indigent status. To make this determination, I need to know plaintiff's total annual household income for the past year. In this regard, plaintiff's affidavit of indigency information is

ambiguous and incomplete. In Section II, the line that says "State your spouse's total monthly income" contains a question mark next to the $1,800 amount. spouse's income is not listed. To clear all this up, plaintiff may have until March 21, 2011 to submit an amended affidavit of indigency that contains his and his wife's actual gross monthly income from all sources for the last twelve months. I am enclosing a blank affidavit of indigency form to plaintiff with this order. Further, the source of his

ORDER IT IS ORDERED that a decision whether plaintiff David Beans may proceed in forma pauperis in this action is STAYED. Plaintiff may have until M arch 21, 2011, in which to amend

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his affidavit of indigency and return it to the court. If plaintiff fails to provide this requested financial information in a timely fashion, then the court will deny his request for leave to proceed in forma pauperis for failure to show that he is indigent.

Entered this 2 nd day of M arch, 2011. BY THE COURT: /s/ STEPHEN L. CROCKER M agistrate Judge

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