Keene, Robert v. DeBoer Transportation et al

Filing 3

ORDER that plaintiff is to pay $ 175 of the $350 filing fee by 6/10/2013. Signed by Magistrate Judge Peter A. Oppeneer on 5/16/2013. (elc),(ps)

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

ROBERT FRANKLIN KEENE,
Plaintiff,

ORDER

v.
13-cv-341-wmc
DEBOER TRANSPORATION,
KAY DEBOER, President, CEO, CFO and
ROBERT MELDRUM,
Defendants.

Plaintiff Robert Keene 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 and his spouse have a monthly
income of $1,679 or an annual income of $20,148. Plaintiff does not have any dependents nor
does plaintiff have substantial debts or assets that require consideration. Therefore, I conclude
that plaintiff is able to prepay half the fees and costs of commencing this action in the amount
of $175.
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 plaintiff Robert Keene is to pay $175 of the $350 filing fee as
a condition of proceeding in this action in forma pauperis not later than June 10 ,2013. If, by
June 10, 2013, plaintiff fails to make the required payment or show cause for his failure to
do so, he will be held to have withdrawn this action voluntarily. In that event the clerk of
court is directed to close this file without prejudice to plaintiff’s filing his case at a later date.

Entered this 16th day of May, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2