Fertel-Rust, Mary v. City of Wauwatosa Police Dept. et al
Filing
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ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 5/3/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MARY M KOEGEL FERTEL-RUST,
Plaintiff,
v.
ORDER
11-cv-317-wmc
CITY OF WAUWATOSA POLICE DEPT.,
CITY OF MILWAUKEE POLICE DEPT.,
CITY OF MADISON, WIS. POLICE DEPT.,
CITY OF SHOREWOOD, WIS. POLICE DEPT.
and CITY OF BROOKFIELD, WIS. POLICE DEPT.,
Defendants.
Plaintiff Mary Fertel-Rust has submitted a proposed complaint. Plaintiff has asked
for leave to proceed in forma pauperis and has supported her request with an affidavit of
indigency. The standard for determining whether plaintiff qualifies for indigent status is the
following:
!
From plaintiff’s annual gross income, the court subtracts $3700 for each
dependent excluding the plaintiff.
!
If the balance is less than $16,000, the plaintiff may proceed without any
prepayment of fees and costs.
!
If the balance is greater than $16,000 but less than $32,000, the plaintiff must
prepay half the fees and costs.
!
If the balance is greater than $32,000, the plaintiff must prepay all fees and costs.
!
Substantial assets or debts require individual consideration.
In this case, plaintiff’s monthly income is $1,110.00, which makes her annual income
$13,200. Because plaintiff’s income is less than $16,000, she can proceed without any
prepayment of fees or costs.
Accordingly, IT IS ORDERED that plaintiff’s complaint is taken under advisement.
As soon as the court’s calendar permits, plaintiff’s complaint will be screened pursuant to 28
U.S.C. § 1915 to determine whether the case must be dismissed either because the complaint
is frivolous or malicious, fails to state a claim on which relief may be granted or seeks
monetary relief against a defendant who is immune from such relief. Plaintiff will be
notified promptly when such a decision has been made. In the meantime, if plaintiff needs
to communicate with the court about this case, she should be sure to write the case number
shown above on her communication.
Entered this 3 rd day of May, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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