Young, Michael v. The City of Eau Claire Wisconsin Bus Transit et al

Filing 3

ORDER on ifp request: Plaintiff Michael Young's motion for leave to proceed without prepayment of fees 2 is GRANTED. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 8/25/2014. (nln),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN MICHAEL YOUNG, ORDER Plaintiff, v. Case No. 14-cv-584-wmc THE JEFFERSON BUS LINES, CHARLES ZELLE AND JANE DOE, Defendants. MICHAEL YOUNG, Plaintiff, ORDER v. Case No. 14-cv-585-wmc THE CITY OF EAU CLAIRE WISCONSIN BUS TRANSIT AND WIL [LAST NAME UNKNOWN], Defendants. Plaintiff Michael Young has filed two proposed civil complaints and requests leave to proceed without prepayment of the filing fee in each of the above-referenced cases. He supports 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. 1  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 is unemployed and has no assets. Plaintiff receives $770 per month from Social Security Disability and $167 per month from State Social Security Insurance, or $11,244 annually. Additionally, plaintiff reports that he supports two minor dependents. The court subtracted $3,700 for each dependent from plaintiff’s annual income leaving a balance of $3,844. Accordingly, plaintiff may proceed without any prepayment of fees or costs. ORDER IT IS ORDERED that: 1. The motions filed by plaintiff Michael Young for leave to proceed without prepayment of fees (Dkt. # 2) in case nos. 14-cv-584-wmc and 14-cv-585-wmc are GRANTED. 2. No further action will be taken in these cases until the court has screened the complaints pursuant to 28 U.S.C. § 1915 to determine whether these cases must be dismissed because the complaints are frivolous or malicious, fails to state a claim on which 2 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 25th day of August, 2014. BY THE COURT: /s/ PETER OPPENEER Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?