Pride v. City of Eagle River

Full title: CHARLES PRIDE, Plaintiff, v. CITY OF EAGLE RIVER, WISCONSIN, JEFF HYSLOP…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Date published: May 7, 2013

13-cv-308-bbc (W.D. Wis. May. 7, 2013)

Opinion

13-cv-308-bbc

05-07-2013

CHARLES PRIDE, Plaintiff, v. CITY OF EAGLE RIVER, WISCONSIN, JEFF HYSLOP, FRED INTERMUEHLE, JOE LAUX, JERRY BURKETT, GEORGE MATTHEWS, KIM SCHAFFER, CAROL HENDRICK, DEB BROWN, EAGLE RIVER LIGHT AND WATER, LARRY PHIFER, LON BUSHEY, PAT WEBER, EAGLE RIVER PUBLIC WORKS DEPARTMENT, JOE TOMLANOVICH, MIKE ADAMOVICH, MIDSTATE ENGINEERING, SCOTT MARTIN, BLACKHAWK ENGINEERING, GREG HUZA, STEVE GARBOWICZ, JOHN NIEBUHR, JOE RATH and JERRI RADTKE, Defendants.

PETER OPPENEER

ORDER

Plaintiff Charles Pride 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 $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 has no monthly income and no dependents. Plaintiff's only assets are $90 in a bank account and a 1986 Toyota valued at $1500. Because plaintiff's income is less than $16,000, he can proceed without any prepayment of fees or costs.

Accordingly, IT IS ORDERED that plaintiff Charles Pride'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, he should be sure to write the case number shown above on his communication.

BY THE COURT:

PETER OPPENEER

Magistrate Judge