Christie El v. Deutsche Bank National

E.D. New York

Christie El v. Deutsche Bank National

DecidedJanuary 15, 2020

Docket2:19-cv-06423

StatusUnknown

This text of Christie El v. Deutsche Bank National (Christie El v. Deutsche Bank National) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Christie El v. Deutsche Bank National, (E.D.N.Y. 2020).

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" ou: UNITED STATES DISTRICT COURT pat OURT E.D.NY. EASTERN DISTRICT OF NEW YORK +. JAN 15 20

CYNTHEL CHRISTIE EL, REAMKUYN OPS Plaintiff MEMORANDUM & ORDER 2:19-CV-6423 (WFK) (RML)

DEUTSCHE BANK NATIONAL, ef ai., Defendants.

WILLIAM F. KUNTZ, II, United States District Judge: On November 19, 2019, Plaintiff filed the instant pro se action. By letter dated November 22, 2019, the Court informed Plaintiff that her submission was deficient as she failed to pay the filing fee or submit an application for in forma pauperis relief. Plaintiff was provided with the in forma pauperis form and instructed that, in order to proceed, she was required to cure the deficiency within 14 days. On December 10, 2019, plaintiff returned the form—signed but otherwise blank—with a stamp across all pages citing to Crandall v. State, 73 U.S. 35 (1867), and, on a separate page, the following statement: All Sovereign, Private, Civilian inhabitants shall have free access to all Judicial Courts of the several states. All Clerks and/or Deputy shall file all documents of paper for any/or all sovereign, private civilian inhabitants; Free and without charge of Fees. Crandall vs State of Nevada, 73 U.S. 35. ECF Nos. 6 and 7. However, as every case addressing plaintiff's argument has held, Crandall has nothing to do with the statutory requirement in 28 U.S.C. § 1914 that a plaintiff must pay a filing fee or be excused by reason of in forma pauperis status under 28 U.S.C. § 1915. See. e.g., Gaul vy. Chrysler Fin. Servs. Ams., LLC., 15-1337, 657 F. App’x 16, 19 (2d Cir. July 1, 2016); Eric v. Kansas, 19-CV-4083, 2019 WL 5787950, at *1 (D. Kan. Nov. 6, 2019); Neighbors v. Smith, 17-CV-4028, 2017 WL 1951000, at *2 (D. Kan. May 11, 2017); Walker v. Village Court,

17-CV-390, 2017 WL 4220415, at *1 (N.D.N.Y. Aug. 4, 2017) (Peebles, Mag. J.); Marrakush Society v. New Jersey State Police, 09-2518, 2009 WL 2366132, at *36 (D.N.J. July 30, 2009). Accordingly, the action is dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to mail this order to the address of record and close this case.

SO ORDERED. s/WFK - 2 WILLIAM F. KUNTZ, United States DistriciJudg Dated: January 14, 2020 Brooklyn, New York

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" ou: UNITED STATES DISTRICT COURT pat OURT E.D.NY. EASTERN DISTRICT OF NEW YORK +. JAN 15 20

CYNTHEL CHRISTIE EL, REAMKUYN OPS Plaintiff MEMORANDUM & ORDER 2:19-CV-6423 (WFK) (RML)

DEUTSCHE BANK NATIONAL, ef ai., Defendants.

WILLIAM F. KUNTZ, II, United States District Judge: On November 19, 2019, Plaintiff filed the instant pro se action. By letter dated November 22, 2019, the Court informed Plaintiff that her submission was deficient as she failed to pay the filing fee or submit an application for in forma pauperis relief. Plaintiff was provided with the in forma pauperis form and instructed that, in order to proceed, she was required to cure the deficiency within 14 days. On December 10, 2019, plaintiff returned the form—signed but otherwise blank—with a stamp across all pages citing to Crandall v. State, 73 U.S. 35 (1867), and, on a separate page, the following statement: All Sovereign, Private, Civilian inhabitants shall have free access to all Judicial Courts of the several states. All Clerks and/or Deputy shall file all documents of paper for any/or all sovereign, private civilian inhabitants; Free and without charge of Fees. Crandall vs State of Nevada, 73 U.S. 35. ECF Nos. 6 and 7. However, as every case addressing plaintiff's argument has held, Crandall has nothing to do with the statutory requirement in 28 U.S.C. § 1914 that a plaintiff must pay a filing fee or be excused by reason of in forma pauperis status under 28 U.S.C. § 1915. See. e.g., Gaul vy. Chrysler Fin. Servs. Ams., LLC., 15-1337, 657 F. App’x 16, 19 (2d Cir. July 1, 2016); Eric v. Kansas, 19-CV-4083, 2019 WL 5787950, at *1 (D. Kan. Nov. 6, 2019); Neighbors v. Smith, 17-CV-4028, 2017 WL 1951000, at *2 (D. Kan. May 11, 2017); Walker v. Village Court,

17-CV-390, 2017 WL 4220415, at *1 (N.D.N.Y. Aug. 4, 2017) (Peebles, Mag. J.); Marrakush Society v. New Jersey State Police, 09-2518, 2009 WL 2366132, at *36 (D.N.J. July 30, 2009). Accordingly, the action is dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to mail this order to the address of record and close this case.

SO ORDERED. s/WFK - 2 WILLIAM F. KUNTZ, United States DistriciJudg Dated: January 14, 2020 Brooklyn, New York

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