Opinion
12-cv-435-slc
07-23-2012
ANN M. AUSTIN, Plaintiff, v. FARMERS INSURANCE, Defendant.
ORDER
In response to this court's July 2, 2012, order, plaintiff Ann Austin has submitted an affidavit of indigency so that I can determine whether she qualifies for indigent status so that she can proceed without prepayment of the $350 filing fee in this case. The standard for determining whether plaintiff qualifies for indigent status is the following:
• From plaintiff's annual gross income, the court subtracts $3700 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's monthly income is $1039 which makes her annual income $12,468. She has no dependents and no substantial assets. Because plaintiff's income is less than $16,000, she can proceed without any prepayment of fees or costs.
Accordingly, IT IS ORDERED that plaintiff Ann Austin's complaint is taken under advisement. As soon as the court's calendar permits, plaintiff's complaint will be screened pursuant to 28 U.S.C. § 1915 to determine whether the case must be dismissed either 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. Plaintiff will be notified promptly when such a decision has been made. In the meantime, if plaintiff needs to communicate with the court about this case, she should be sure to write the case number shown above on her communication.
BY THE COURT:
STEPHEN L. CROCKER
Magistrate Judge