Mitcham v. CWB Mortgage Ventures, LLC et al, No. 1:2011cv00259 - Document 6 (D. Idaho 2011)
Court Description: MEMORANDUM DECISION AND ORDER denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay the Clerk of Court the proper filing fees by 11/4/2011 or this case will be dismissed in its entirety. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO THOMAS T. MITCHAM, Case No. 1:11-cv-00259-BLW Plaintiff, MEMORANDUM DECISION AND ORDER v. CWB MORTGAGE VENTURES, LLC, et. al., Defendants. INTRODUCTION The Court has before it Plaintiff s Application For In Forma Pauperis Status (Dkt. 1). For the following reasons, the Court will deny the Application. ANALYSIS Pursuant to federal statute, any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, . . . without prepayment of fees or security therefor. 28 U.S.C. ยง 1915(a)(1). In order to qualify for in forma pauperis status, Plaintiff must submit an affidavit that includes a statement of all assets he possesses and that, because of [his] poverty, [he] is unable to pay the costs of said proceeding or give security therefore, and that [he] believe[s] that [he is] entitled to relief. Id. M EMORANDUM D ECISION AND O RDER - 1 The affidavit is sufficient if it states that the plaintiff, because of his poverty, cannot pay or give security for the costs and still be able to provide himself and dependents with necessities of life. Adkins v. E.I. DuPont de Numours & Co., 335 U.S. 331, 339 (1948). The affidavit must state the facts as to affiant s poverty with some particularity, definiteness and certainty. United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotation omitted). Here, Mitcham filed a complaint seeking declaratory relief, injunctive relief and a permanent injunction. The claims relate to two mortgage loan documents on his personal residence in the amounts of $848,000.00 and $105,894.00. Mitcham states that he is not employed, but he also states that he is a self-employed realator, and that he made $21,500.00 during the past 12 months. Apparently, Mitcham does not consider selfemployed to mean employed. Regardless, he had an income of $21,500.00 over the past 12 months. He also states that he has an interest in his personal residence, which he values at $325,000.00. He does not indicate how much interest he has in the property, but based on the loan amounts and nature of this case, the Court assumes he has no equity in the residence. Mitcham also owns a Ford Explorer he values at $3,200.00. He indicates that he has no dependents. Application for In Forma Pauperis Status (Docket No. 1). Petitioner s annual income of $21,500.00 is almost exactly twice the guideline figure of $10,890.00 for a single individual set forth in the United States Department of M EMORANDUM D ECISION AND O RDER - 2 Health and Human Services 2011 Poverty Guidelines.1 Under these circumstances, the Court does not find that Mitcham cannot pay or give security for the costs and still be able to provide himself with necessities of life. Adkins, 335 U.S. at 339. Accordingly, the Court will deny Mitcham s Application. ORDER IT IS ORDERED: 1. Plaintiff s Application For In Forma Pauperis Status (Dkt. 1) is DENIED. Plaintiff shall pay the Clerk of the Court the proper filing fees on or before November 4, 2011 or this case will be dismissed in its entirety. DATED: October 4, 2011 B. LYNN WINMILL Chief U.S. District Court Judge 1 See http://aspe.hhs.gov/poverty/09poverty.shtml M EMORANDUM D ECISION AND O RDER - 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
