Martin, Kevin v. The Charlton Group et al

Filing 3

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 4/3/2013. (jef),(ps)

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

KEVIN P. MARTIN,
Plaintiff,
v.

ORDER
13-cv-215-wmc

THE CHARLTON GROUP
d/b/a JKSJ COMPANY, INC.
and IPACESETTERS ENTERPRISES, INC.,
Defendants.

In this civil action for monetary relief, plaintiff Kevin Martin, proceeding pro se, contends
that defendants violated his rights under Title I of the Americans with Disabilities Act, 42
U.S.C. §§ 12111-12117. 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. His monthly income is $1,262, which makes plaintiff’s
annual income $15,144. 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 Kevin Martin’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 3rd day of April, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

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