Vue, Kong v. State of Wisconsin
Filing
3
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 2/7/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KONG PHENG VUE,
Plaintiff,
v.
ORDER
12-cv-83-bbc
STATE OF WISCONSIN,
Defendant.
This is a proposed civil action brought by plaintiff Kong Vue. Plaintiff has asked for
leave to proceed in forma pauperis and has supported his request with an affidavit of indigency.
The factors for determining whether plaintiff qualifies for indigent status are:
!
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.
Plaintiff has no dependants and no income. He states that he hasn’t had a job or been
employed in the past year. Because plaintiff’s income is less than $16,000, he can proceed
without any prepayment of fees or costs.
Accordingly, IT IS ORDERED that plaintiff Kong Vue’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, he should be sure to write the case number shown
above on his communication.
Entered this 7th day of February 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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