Stewart, Glendale v. Rice, Richard et al
Filing
5
ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 5/8/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
GLENDALE STEWART,
Plaintiff,
ORDER
v.
Case No. 14-cv-327-bbc
RICHARD RICE, FOX & FOX, S.C., CAPITAL
TIMES, CAPITAL NEWSPAPERS, INC.,
MR. CLAYTON FINK, ERIK K. SHINSEKI,
SECRETARY, DEPARTMENT OF VETERANS
AFFAIRS AND THE WILLIAM S.
MIDDLETON VETERANS HOSPITAL,
Defendants.
Plaintiff Glendale Stewart has filed a proposed civil complaint, alleging that
Defendants violated his civil rights, has asked for leave to proceed without prepayment of the
filing fee 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 and is currently self-employed which he
reports making $475-500 per month. Plaintiff reported an income of $3,847.00 for the 2013
tax year. Plaintiff has no substantial assets. Accordingly, plaintiff may proceed without any
prepayment of fees or costs.
ORDER
IT IS ORDERED that:
1.
The motion filed by plaintiff Glendale Stewart for leave to proceed without
prepayment of fees (Dkt. # 3) 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 8th day of May, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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