Sherman, Ken v. Thoa, Melee et al

Filing 3

ORDER on ifp request: Plaintiff to submit amended affidavit of indigency. Financial Affidavit due 3/31/2014. Signed by Magistrate Judge Peter A. Oppeneer on 3/7/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
KEN F. SHERMAN,
ORDER
Plaintiff,
14-cv-170-wmc
v.
MELEE THAO, NURSE JEANNIE,
PAUL MERGENDAHL, DEB GLEESON,
DR. CONNELL, OFFICER LIND,
JOHN DOE MAINTENANCE,
SECOND SHIFT JOHN DOE OFFICER,
SECOND SHIFT JOHN DOE SERGEANT
and DR. BAYNTON,
Defendants.

_________________________________________________________________________________
Plaintiff Ken F. Sherman has requested leave to proceed without prepaying the filing fee
in this civil action for monetary and other relief, brought under 42 U.S.C. § 1983. From the
affidavit of indigency accompanying plaintiff’s proposed complaint, the court cannot determine
whether plaintiff qualifies for indigent status.

In his affidavit, plaintiff states that he is

unemployed, has no income and that he is not married. However plaintiff does not include
information as to how he is able to pay for his basic living expenses such as clothing and shelter,
and supervision fees which total $40 each month. Without such information, I am unable to
conclude that plaintiff qualifies for indigent status. Therefore, I will provide plaintiff with the
opportunity to supplement his request for leave to proceed without prepaying the filing fee by
completing the enclosed affidavit of indigency. In completing the affidavit, he should take care
to show how he pays for his basic necessities and supervision fees and make sure the affidavit
contains his actual gross monthly income from all sources for the last twelve months.

1

ORDER
IT IS ORDERED that plaintiff Ken F. Sherman may have until March 31, 2014, in
which to amend his affidavit of indigency and return it to the court. Plaintiff should take
particular care to show where he receives the means to pay for his basic necessities, such as
clothing and shelter, along with his supervision fees. If plaintiff fails to provide this requested
financial information in a timely fashion, then the court will deny his request for leave to
proceed without prepayment of the filing fee for failure to show that he is indigent.

Entered this 7th day of March, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge

2