McKenzie, Britton v. Milbrath, Paul et al

Filing 3

ORDER on ifp request: Plaintiff Britton Duane McKenzie's 2 motion for leave to proceed without prepayment of fees is GRANTED. Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 3/02/2015. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
BRITTON DUANE MCKENZIE ,
Plaintiff,

ORDER

v.
Case No. 15-cv-116-bbc
PAUL MILBRATH, et al.
Defendants.

Plaintiff Britton Duane McKenzie has filed a proposed civil complaint. 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 has no dependents and is currently employed six hours a week at
$9.50 an hour.

Plaintiff receives social security benefits of $1,231 a month or $14,772

annually. 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 Britton Duane McKenzie 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 2nd day of March, 2015.
BY THE COURT:

/s/
PETER OPPENEER
Magistrate Judge