Barlass, Janelle v. City of Janesville
Filing
3
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 4/10/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JANELLE BARLASS,
Plaintiff,
v.
ORDER
12-cv-256-slc
CITY OF JANESVILLE and YURI RASHKIN,
Defendants.
Plaintiff Janelle Barlass 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
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.
In this case, plaintiff has two dependants. Plaintiff is unemployed and receives $864 in
monthly unemployment benefits, making her annual income come to $10,368. This is below
the $16,000 threshold without even subtracting $7400 for her two dependants. Therefore,
plaintiff 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 10th day of April, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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