Bennett, Theresa v. Social Security Administration et al

Filing 6

ORDER granting in part plaintiff's 2 request for leave to proceed in forma pauperis. Initial partial filing fee of $ 175.00 assessed. (Initial partial filing fee due 7/9/2014.) Signed by Magistrate Judge Peter A. Oppeneer on 6/13/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THERESA LYNN BENNETT,
Plaintiff,

ORDER

v.
Case No. 14-cv-331-wmc
SOCIAL SECURITY ADMINISTRATION
AND OFFICE OF DISABILITY
ADJUDICATION AND REVIEW,
Defendants.

In response to this court’s order on May 19, 2014, plaintiff has supplemented her
affidavit of indigency in support of her request for leave to proceed in forma pauperis. 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 unemployed. Plaintiff’s
husband, however, had income this past year in the amount of $23,330.54.

Because

plaintiff’s combined household income falls in the $16,000 to $32,000 range, she must
prepay half of the $350 fee for filing this case.

ORDER
IT IS ORDERED that:
1.

The motion filed by plaintiff Theresa Lynn Bennett for leave to proceed

without prepayment of fees (Dkt. # 2) is GRANTED IN PART.
2.

Plaintiff is assessed $175 as an initial partial payment of the $350 fee for

filing this case as an indigent litigant. She shall submit a check or money order made
payable to the “Clerk of Court” in the amount of $175 on or before July 9, 2014. Once
payment has been received, the clerk of court shall issue summonses and forward them to the
United States Marshals for service.

Plaintiff is advised that, if she fails to comply as

directed or show cause of her failure to do so, the court will assume that she does not
wish to proceed and this case will be dismissed without further notice.

Entered this 13th day of June, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge