Hammersley, Robert v. DeLap, Barbara et al
Filing
5
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 3/14/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROBERT HAMMERSLEY ,
Plaintiff,
ORDER
v.
Case No. 14-cv-196-wmc
BARBARA DELAP, ET AL.,
Defendants.
Plaintiff Robert Hammersley has filed a proposed civil complaint, alleging that
Defendants failed to provide plaintiff with adequate dental care. 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 has no dependents. He is unmarried, unemployed and his only
source of income is the $189 he receives in public assistance each month. Accordingly, plaintiff
may proceed without any prepayment of fees or costs.
ORDER
IT IS ORDERED that:
1.
The motion filed by plaintiff Robert Hammersley for leave to proceed
without prepayment of fees (Dkt. # 2) is GRANTED.
2.
No further action will be taken in this case until the court has screened the
complaint pursuant to 28 U.S.C. § 1915 to determine whether the case must be dismissed
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. Once the
screening process is complete, a separate order will issue.
Entered this 14th day of March, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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