Carver-Thomas, Ollie v. Astrue, Michael

Filing 3

ORDER denying plaintiff's 2 motion for leave to proceed in forma pauperis. Plaintiff must pay the filing fee of $350 no later than December 28, 2011. Signed by Magistrate Judge Stephen L. Crocker on 11/30/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
OLLIE D. CARTER-THOMAS,
Plaintiff,

ORDER

v.
11-cv-797-bbc
MR. MICHAEL ASTRUE,
Commissioner of Social Security,
Defendant.

Plaintiff Ollie D. Carver-Thomas has filed a suit pro se pursuant to 42 U.S.C. § 405(g) for
review of a final decision of the Commissioner of Social Security denying plaintiff’s application
for social security disability benefits.

Plaintiff seeks to commence this lawsuit without

prepayment of the filing fees and costs or providing security therefor, pursuant to 28 U.S.C. §
1915.
To determine whether a plaintiff qualifies for indigent status, the court uses the following
calculation. From plaintiff and her spouse'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 more than
$32,000, plaintiff must pay the $350 filing fee. Substantial assets or debts require individual
consideration.
From plaintiff’s affidavit of indigency, I find that she and her husband have a monthly
income of $7,231.62 or an annual income of $86,779.44. Plaintiff has no dependents.
Therefore, plaintiff is able to prepay the fees and costs of commencing this action in the amount
of $350.

IT IS ORDERED that Ollie Carver-Thomas’s motion for leave to proceed in forma pauperis
is DENIED. Plaintiff must pay the filing fee of $350 no later than December 28, 2011. If she
fails to do so, this action may be dismissed for her failure to prosecute it. Upon receipt of
plaintiff’s payment, the court will enter an order concerning service of her complaint.

Entered this 30th day of November, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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