Farina, Allen v. Thieme, Greg

Filing 3

ORDER on ifp request: Initial partial filing fee of $ 175 assessed. Initial partial filing fee due 10/30/2013. Signed by Magistrate Judge Peter A. Oppeneer on 10/11/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ALLEN CONO FARINA,
Plaintiff,

v.

ORDER
13-cv-707-bbc

GREG ALLEN THIEME,
Defendant.
_________________________________________________________________________________________
ALLEN CONO FARINA,
Plaintiff,

v.

ORDER
13-cv-708-bbc

DAVID SONNTAG,
Defendant.
_________________________________________________________________________________________

Plaintiff Allen Farina has filed two proposed civil complaints. 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, he and his spouse have a combined monthly
income of $2,179 or an annual income of $26,136. Plaintiff has one dependant, which makes
his adjusted annual income $22,436. Because plaintiff’s income falls in the $16,000 to $32,000
range, he must prepay half of the $350 fee for filing each of these cases.1 Once his payments
have been received, the court will review the merits of plaintiff’s complaints 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
1.

Plaintiff Allen Farina is to pay $175 of the $350 filing fee for filing case no. 13cv-707-bbc. He is to submit a check or money order made payable to the clerk
of court in the amount of $175.00 on or before October 30, 2013.

2.

Plaintiff is to pay $175 of the $350 filing fee for filing case no. 13-cv-708-bbc.
He is to submit a check or money order made payable to the clerk of court in
the amount of $175.00 on or before October 30, 2013.

3.

If, by October 30, 2013, plaintiff fails to make the $175 payment in either case
or show cause for his failure to do so, he will be held to have withdrawn that

1

If a litigant qualifies as indigent under the federal in forma pauperis statute, 28 U.S.C.
§ 1915(a),the fee for filing a civil action is $350. Otherwise, with the exception of habeas corpus
proceedings, the fee for civil actions filed after May 1, 2013 is $400.

2

action voluntarily. In that event, the clerk of court is directed to close the
file(s) without prejudice to plaintiff’s filing his case(s) at a later date.

Entered this 11th day of October, 2013.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

3