McLaughlin, Kyle v. State of Wisconsin et al

Filing 4

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 12/15/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KYLE C. MCLAUGHLIN ,
Plaintiff,

ORDER

v.
Case No. 14-cv-852-wmc
STATE OF WISCONSIN,
BROWN COUNTY, CIRCUIT COURT
BRANCH 8,
Defendants.

Plaintiff Kyle C. McLaughlin has filed a proposed civil action titled as a Habeas
Corpus in the form of an Affidavit Challenging Jurisdiction and Notice of Removal to Federal
Court. 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 earns $10 an hour and works approximately 20 hours a week,
making his annual income about $9,600. Plaintiff has no dependents and 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 Kyle C. McLaughlin 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 15th day of December, 2014.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge