Memon, Iftikhar v. Waukesha County Technical College

Filing 3

ORDER denying 2 request to proceed in forma pauperis. Full filing fee required. ( Fee due 10/30/2013.) Signed by Magistrate Judge Peter A. Oppeneer on 10/9/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
________________________________________________________________________________________
IFTIKHAR AHMED MEMON,
ORDER
Plaintiff,
13-cv-704-bbc
v.
WAUKESHA COUNTY TECHNICAL
COLLEGE, WISCONSIN,
Defendant.

____________________________________________________________________________________
This is a proposed civil action for monetary relief in which plaintiff, a resident of Black
River Falls, Wisconsin, alleges that the defendant refuses to hire him because of his race.
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 the following:
!

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’s monthly income is $2,640, or $31,600 annually. He has one
dependent so his adjusted annual income is $27,980. Plaintiff has a substantial asset of $47,000

in savings that must be included in my consideration. Accordingly, I find that plaintiff is not
indigent and must prepay the $400 filing fee in full if he wishes to proceed with this action.1

ORDER
IT IS ORDERED that plaintiff’s request for leave to proceed in forma pauperis in this
action is DENIED because plaintiff does not qualify for indigent status.
Further, IT IS ORDERED that plaintiff may have until October 30, 2013, in which to
pay the $400 fee for filing his lawsuit. If, by October 30, 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required payment or show cause for his failure to do so, he will be held to have withdrawn this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 9rd day of October, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

1

W ith the exception of habeas corpus proceedings, the fee for civil actions filed after M ay 1, 2013
is $400 unless a litigant qualifies as indigent under the federal in forma pauperis statute, 28 U.S.C.
§ 1915(a), in which case the fee is $350.