Hunte v. Rushmore Loan Management Services, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ESTHER HUNTE and JONATHAN HUNTE, Plaintiffs, No. 22-CV-2169 v. ORDER DIRECTING PAYMENT OF FEES RUSHMORE LOAN MANAGEMENT OR IFP APPLICATION SERVICES, LLC, Defendant. KENNETH M. KARAS, United States District Judge: Plaintiffs bring this action pro se. To proceed with a civil action in this court, Plaintiffs must either pay a total of $402.00 in fees—a $350.00 filing fee plus a $52.00 administrative fee—or, to request authorization to proceed without prepayment of fees, each Plaintiff must submit a completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiffs submitted the complaint without paying the fees to bring this action or each filing an IFP application. Within 30 days of the date of this Order, Plaintiffs must either pay a total of $402.00 in fees or each complete, sign, and submit separate IFP applications. An IFP application form is attached to this order. If a Plaintiff submits an IFP application, it should be labeled with docket number 22-CV-2169 (KMK). If the Court grants Plaintiff Esther Hunte’s IFP application, she will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). No summons shall issue at this time. If Plaintiffs comply with this Order, this action shall be processed in accordance with the procedures of the Clerk’s Office. If a Plaintiff fails to comply with this Order within the time allowed, the Court will dismiss that Plaintiff’s claims. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff Esther Hunte and

note service on the docket. SO ORDERED. Dated: March 28, 2022 White Plains, New York

KENNETH M. KARAS United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

(full name of the plaintiff or petitioner applying (each person must submit a separate application)) CV ( )C -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)

(full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS lama plaintiff/ petitioner in this case and declare that Iam unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? [] Yes [] No (If“No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? [] Yes L] No Monthly amount: If lama prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 US.C. § 1915(a)(2), (b). | understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? L] Yes LJ] No If “yes,” my employer’s name and address are:

Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment [] Yes LJ] No (b) Rent payments, interest, or dividends [] Yes □□ No

SDNY Rev: 8/5/2015

(c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability or worker’s compensation payments [] Yes [] No (e) Gifts or inheritances [] Yes [] No (f) Any other public benefits (unemployment, social security, Cl Yes CO No food stamps, veteran’s, etc.) (g) Any other sources [] Yes [] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

If you answered “No” to all of the questions above, explain how you are paying your expenses:

4. How much money do you have in cash or in a checking, savings, or inmate account?

5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value:

6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense:

7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18):

8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed. and to whom they are payable:

Declaration: I declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.

Dated Signature

Name (Last, First, MI) Prison Identification # (if incarcerated) Address City State Zip Code

Telephone Number E-mail Address (if available)

IFP Application, page 2