Blair et al v. Ocwen Loan Servicing, LLC et al, No. 1:2015cv01451 - Document 3 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS recommending Denying Plaintiffs' Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 10/30/2015. Referred to District Judge Lawrence J. O'Neill. Objections to F&R due within 14 days. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD CHARLES BLAIR, et al., Plaintiffs, 12 13 v. 14 OCWEN LOAN SERVICING, LLC, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-01451 - LJO - JLT FINDINGS AND RECOMMENDATIONS DENYING PLAINTIFFS’ MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 2) Plaintiffs Donald Charles Blair and Theresa Blair seek to proceed pro se and in forma pauperis 18 in this action. (Doc. 2) Pursuant to federal statute, a filing fee is required to commence a civil action 19 in federal district court. 28 U.S.C. § 1914(a). However, the Court may authorize an action to proceed 20 without prepayment of fees “by a person who submits an affidavit that includes a statement of all 21 assets such person . . . possesses [and] that the person is unable to pay such fees or give security 22 therefor.” 28 U.S.C. § 1915(a)(1). 23 To satisfy the requirements of 28 U.S.C. §1915, applicants must demonstrate that because of 24 poverty, they cannot meet court costs and still provide themselves, and any dependents, with the 25 necessities of life. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) (affidavit is 26 sufficient if it represents that the litigant is “unable to pay for the court fees and costs, and to provide 27 necessities for himself and his dependents”) (citing Adkins v. E. I. Du Pont de Nemours & Co., 335 28 U.S. 331, 339-40 (1948)). 1 1 Plaintiffs report they are employed and have a joint monthly income of $16,500.00. (Doc. 2 at 2 2) Specifically, Mr. Blair reports his monthly income as financial advisor is $10,000.00, and Mrs. 3 Blair reports her monthly income is $6,500.00 as an employee of Bakersfield City School District. 4 (Id.) Plaintiffs report they have debts, including a mortgage, for which they make monthly payments 5 of $6,938.00. (Id. at 3-4) They do not have any dependents. (Id. at 2) 6 The Court finds Plaintiffs fail to demonstrate they are unable to pay the filing fee due to 7 poverty. Requiring Plaintiffs to pay the court filing fees would not impair their ability to obtain the 8 necessities of life. See Adkins, 335 U.S. at 339. Accordingly, IT IS HEREBY RECOMMENDED: 9 1. Plaintiffs’ motion to proceed in forma pauperis be DENIED; and 10 2. Plaintiffs be directed to pay the filing fee within ten days. 11 These Findings and Recommendations are submitted to the United States District Judge 12 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local 13 Rules of Practice for the United States District Court, Eastern District of California. Within 14 days 14 after being served with these Findings and Recommendations, Plaintiffs may file written objections 15 with the Court. Such a document should be captioned “Objections to Magistrate Judge's Findings and 16 Recommendations.” Plaintiffs are advised that failure to file objections within the specified time may 17 waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); 18 Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014). 19 20 21 22 IT IS SO ORDERED. Dated: October 30, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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