Turner, William v. Albert, John et al
Filing
6
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 10/7/2013. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WILLIAM B. TURNER,
Plaintiff,
v.
ORDER
13-cv-696-bbc
JOHN ALBERT, Dane County Circuit Court Judge
and CARLO ESQUEDA, Dane County Circuit Court Clerk,
Defendants.
Plaintiff William Turner has filed a proposed civil complaint, alleging that he was denied
due process in a Dane County Circuit Court eviction proceeding. Plaintiff has asked 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 as follows:
!
From plaintiff’s annual gross income, the court subtracts $3,700 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 no dependents. His monthly income is $1,208, which makes
his annual income $14,496. Plaintiff has no substantial assets. 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 William Turner’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 7th day of October, 2013.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
2
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