Odom, Christian v. Geico Insurance Company et al

Filing 3

ORDER on ifp request: Initial partial filing fee of $ 175.00 assessed. Initial partial filing fee due 3/22/2013. Signed by Magistrate Judge Peter Oppeneer on 2/27/2013. (jef),(ps)

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

CHRISTIAN LEE ODOM,
Plaintiff,

ORDER

v.
13-cv-140-wmc
GEICO INSURANCE COMPANY and
ENTERPRISE RENT-A-CAR COMPANY,
Defendants.

Plaintiff Christian Odom has filed a proposed civil complaint. Plaintiff asks 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.

From plaintiff's affidavit of indigency, I find that he has a monthly income of $3,224 or
an annual income of $38,688. Subtracting $14,800 for his four dependents, his wife and three
children, his adjusted annual income is $23,888. Because plaintiff’s income falls in 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 Christian Odom’s petition for leave to proceed in forma pauperis
is GRANTED on the condition that he pay half the filing fee, $175. Plaintiff must pay the filing
fee no later than March 22, 2013. If, by March 22, 2013, 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 27th day of February, 2013.
BY THE COURT:

s/ Peter Oppeneer
PETER OPPENEER
Magistrate Judge

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