Vue v. Wisconsin

Full title: KONG PHENG VUE, Plaintiff, v. STATE OF WISCONSIN, Defendant.

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

Date published: Jul 11, 2012

12-cv-441-bbc (W.D. Wis. Jul. 11, 2012)

Opinion

12-cv-441-bbc

07-11-2012

KONG PHENG VUE, Plaintiff, v. STATE OF WISCONSIN, Defendant.

STEPHEN L. CROCKER

ORDER

In an order entered in this case on June 27, 2012, I told plaintiff Kong Vue that before I could consider his request to proceed in forma pauperis he would have to submit an amended affidavit of indigency explaining how he pays for his basic living expenses including food, clothing and shelter. Plaintiff has submitted the requested affidavit.

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 his affidavit, plaintiff states that he lives with his parents, who provide for his basic necessities. He does not have a job or any money in a checking or savings account. From plaintiff's amended affidavit, I conclude that he qualifies for indigent status. Therefore, plaintiff may proceed without any prepayment of fees or costs.

Accordingly, IT IS ORDERED that plaintiff Kong Vue'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 decide whether to grant plaintiff leave to proceed on it. Leave will not be granted if the action must be dismissed as malicious or legally "frivolous," a term that means that the complaint does not allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on which plaintiff could obtain relief under the law or if plaintiff is asking for money from a defendant who is legally protected from having to pay money in his case. Plaintiff will be notified promptly when such a decision has been made. In the meantime, if plaintiff needs to communicate with the court about his case, he should be sure to write the case number shown above on his communication.

BY THE COURT:

______________________

STEPHEN L. CROCKER

Magistrate Judge