Santana, Evelyn v. Hatch, Billy

Filing 5

ORDER granting plaintiffs Evelyn A. Santana, D.P.C.S., N.R.C.S. and J.A.C.S.'s request for leave to proceed on claims against defendant Billy R. Hatch. Summons and complaint delivered to USMS for service on defendant. Signed by District Judge William M. Conley on 4/1/2015. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

EVELYN A SANTANA,jlk/a EVELYN
A. HATCH, D.P.C.S., N.R.C.S. and J.A.C.S.,
Plaintiffs,

OPINION & ORDER

v.

15-cv-089-wmc
BILLY R. HATCH,
Defendant.

Plaintiffs Evelyn A Santana and her three minor. children bring this civil action
seeking enforcement of a sponsor's affidavit of support under 8 U.S.C. § l 183a. They allege
that defendant Billy R. Hatch signed a Form 1-864 in relation to each of the four plaintiffs,
after which they became lawful permanent residents. 1

They also allege that since the

execution of the Forms 1-864, their household income has fallen below 125% of the Federal
poverty line and that Hatch has failed to supplement that income as required by 8 U.S.C.
§ l l 83a( 1) (A).

They seek an order requiring Hatch to pay the past, present and future

financial support required by the terms of the Form 1-86'}. as well as any other relief the
court deems necessary.
Because plaintiffs are proceeding in forma pauperis, the court briefly screens the
complaint to ensure that it: ( 1) is not frivolous or malicious; (2) states a claim on which
relief can be granted; and (3) does not seek monetary relief from a defendant immune from
such relief. See 28 U.S.C. § l 915(e)(2). Plaintiffs' complaint in this action easily satisfies
the low threshold of screening and pleads a plausible claim for enforcement of the Form I-

1

The complaint attaches as exhibits each of the four Forms I-864. (See Compl. Ex. 1-4 (dkt. #1-3,
1-4, 1-5, 1-6).)

864. Accordingly, plaintiffs will be granted leave to proceed, and the court will order service
of process on defendant.

ORDER
IT IS ORDERED that:
1) Plaintiffs Evelyn A. Santana, D.P.C.S., N.R.C.S. and J.A.C.S.'s request for leave
to proceed on claims against defendant Billy R. Hatch is GRANTED.
2) The summons and complaint are to be delivered to the U.S. Marshal for service
on defendant.
Entered this / 6fday

of/Jp,.;~(, 2015.

2