Kowske, John v. Citicorp Ameriquest et al

Filing 3

ORDER on ifp request: Initial partial filing fee of $ 175.00 assessed. Initial partial filing fee due 10/11/2011. Signed by Magistrate Judge Stephen L. Crocker on 9/19/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHN KOWSKE,
Plaintiff,

ORDER

v.
11-cv-640-slc
CITICORP AMERIQUEST and
EDWARD E. NIEHOFF,
Defendants.

Plaintiff John Kowske has filed a proposed complaint. Plaintiff has asked for leave to
proceed in forma pauperis and has supported his 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 lists his monthly income as $1455, which is $17,460 a year.
Because plaintiff’s income falls within the $16,000 to $32,000 range, he must prepay half of the
$350 fee for filing this case. Once payment has been received, the court will review the merits
of plaintiff’s complaint to determine whether one or more claims must be dismissed as frivolous

or malicious, for failure to state a claim on which relief may be granted or because plaintiff is
seeking money damages from a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2).

ORDER
IT IS ORDERED that plaintiff John Kowske may have until October 11, 2011, in which
to submit the $175 prepayment of the filing fee for this lawsuit. If, by October 11, 2011,
plaintiff fails to submit this prepayment, the clerk of court is directed to enter judgment
dismissing this case without prejudice for plaintiff’s failure to prosecute it.

Entered this 19th day of September, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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