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Willis v. Chase Home Finance

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 25, 2010

DONALD D. WILLIS, PLAINTIFF,
v.
CHASE HOME FINANCE, LLC, DEFENDANT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS AND DENYING AS MOOT PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL [Docs. 2 & 3.]

Plaintiff has filed a Complaint for predatory lending and mortgage fraud, along with a motion to proceed in forma pauperis and a request for appointment of counsel. Although Plaintiff is currently unemployed, the Court finds that Plaintiff's declaration of inability to pay costs or give security is insufficient to permit him to proceed in forma pauperis. Specifically, Plaintiff states that he receives a pension payment of $2,700 a month from GM Corporation and has $200.00 in a savings account. (Doc. 2 at 2.) His monthly expenses total $1,677.10, which leaves him with over $1,000 per month in income. (Id. at 3.)

In light of this information, Plaintiff's motion to proceed in forma pauperis is denied DENIED and the Complaint is DISMISSED without prejudice. Pursuant to this Order, however, Plaintiff is granted 30 days leave to pay the $350 filing fee required to maintain this action pursuant to 28 U.S.C. § 1914, or to submit additional documentation regarding his economic status. IF PLAINTIFF CHOOSES TO FILE ADDITIONAL INFORMATION REGARDING HIS POVERTY, HE MUST ATTACH A COPY OF THIS ORDER. Plaintiff's request for appointment of counsel is denied as moot.

IT IS SO ORDERED.

20100525

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