Austin, Ann v. Farmers Insurance

Filing 4

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 7/23/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
ANN M. AUSTIN,
ORDER
Plaintiff,
v.

12-cv-435-slc

FARMERS INSURANCE,
Defendant.
_________________________________________________________________________________________

In response to this court’s July 2, 2012, order, plaintiff Ann Austin has submitted an
affidavit of indigency so that I can determine whether she qualifies for indigent status so that
she can proceed without prepayment of the $350 filing fee in this case. 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 $1039 which makes her annual income
$12,468. She has no dependents and no substantial assets. 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 Ann Austin’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 23rd day of July, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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