Marks, Daniel v. Union Bank Of Blair et al

Filing 3

ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 5/16/2017. (elc),(ps)

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

DANIEL A. MARKS,
Plaintiff,

ORDER

v.
17-cv-367-bbc
UNION BANK OF BLAIR, CARL AXNESS,
DENNIS STEPHENSON, LOREN RAUSCH,
and ANDREW SEMB,
Defendants.

Plaintiff Daniel A. Marks has filed a proposed civil complaint and seeks to commence
this lawsuit without prepayment of the filing fee pursuant to 28 U.S.C. § 1915.
To determine whether a plaintiff is indigent for purposes of prepaying the filing fee,
the court makes the following calculation. From plaintiff’s annual gross income, the court
subtracts $4,200 for each dependent, excluding the plaintiff. If the balance is less than
$36,000, plaintiff may proceed without any prepayment of fees and costs. If the balance is
more than $36,000, plaintiff must pay the $400 filing fee. Substantial assets or debts require
individual consideration.
From plaintiff’s affidavit of indigency, I find that he receives $1,450 per month in
disability income. In addition, in the previous 12-month period, plaintiff received $11,030
from a pension and $4,500 in income earned from his self-employment. Plaintiff has no
dependents or substantial debts or assets that require consideration. Adding these amounts
together results in a gross annual income of $32,930. Accordingly, I find plaintiff eligible to
proceed without prepayment of the filing fee.

ORDER

IT IS ORDERED that Plaintiff Daniel A. Marks’s motion for leave to proceed without
prepayment of fees is GRANTED.

Plaintiff’s complaint is taken under advisement for

screening pursuant to 28 U.S.C. § 1915(e)(2) 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. If plaintiff needs to
communicate with the court about this case, he should be sure to write the case number shown
above on his communication.
Entered this 16th Day of May, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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