Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery

CourtDistrict Court, D. Hawaii
DecidedOctober 17, 2025
Docket1:25-cv-00349
StatusUnknown

This text of Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery (Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery, (D. Haw. 2025).

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF HAWAII

JIMMY TATE, JALECEYA TATE, CIV. NO. 25-00349 LEK-KJM

Plaintiffs,

vs.

CAPITAL PLUS FINANCIAL, LLC, PRESTAMOS CDFI, LLC, BENWORTH CAPITAL, HARVEST SMALL BUSINESS FINANCIAL, LLC, MCCOY FEDERAL CREDIT UNION, FOUNTAINHEAD SBF LLC, CENTRAL PACIFIC BANK, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, NAVY FEDERAL CREDIT UNION, DOES 1-50, FINANCIAL INSTITUTIONS TO BE IDENTIFIED IN DISCOVERY;

Defendants.

ORDER DISMISSING PLAINTIFFS’ COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES WITHOUT PREJUDICE

On August 14, 2025, pro se Plaintiffs Jimmy Tate and Jaleceya Tate (“Plaintiffs”) filed a Complaint for Injunctive Relief and Damages (“Complaint”) and an Ex Parte Motion to Waive Filing Fees and Surcharges Under Hawai`i Revised Statutes Chapter 607. [Dkt. nos. 1, 3.] In light of Plaintiffs’ pro se status, the Court liberally construes docket number 3 as an application to proceed in forma pauperis (“Application”). See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The Complaint names the following parties as defendants: Capital Plus Financial, LLC; Prestamos CDFI, LLC; Benworth Capital; Harvest Small Business Finance, LLC; McCoy Federal Credit Union; Fountainhead SBF LLC; Central Pacific Bank; JPMorgan Chase Bank, National Association; and Navy Federal Credit Union (“Defendants”). [Complaint at pg. 2, ¶¶ III.B.1-10.] Plaintiffs do not allege that any Defendant

resides in Hawai`i. See generally id. On September 16, 2025, an entering order was issued informing Plaintiffs of the Court’s inclination to dismiss the action without prejudice because venue appears improper (“9/16 EO”). [Dkt. no. 8 at PageID.16.] The Court afforded Plaintiffs an opportunity to cure the defect in their claims by filing an amended complaint on or before October 7, 2025. The Court cautioned Plaintiffs that failure to file an amended complaint would result in dismissal of the Complaint without prejudice. The Court also reserved ruling on Plaintiffs’ Application and directed Plaintiffs to each complete and file a Form AO 240, Application to Proceed Without Prepayment of Fees & Affidavit.

[Id.] Plaintiffs did not file an amended complaint, and neither Plaintiff filed a Form AO 240. Further, Plaintiffs did not request an extension of the deadline to do so. For the reasons set forth below, the Complaint is hereby dismissed without prejudice. In light of this ruling, the Application is denied as moot. BACKGROUND As discussed in the 9/16 EO: Plaintiffs’ Complaint alleges that they are the “victims of a sophisticated identity theft and fraud scheme.” [[Complaint] at pg. 2, ¶ 1.] Specifically, Plaintiffs claim that several individuals – not named as defendants in the current action – “used Plaintiffs’ names, likenesses, Social Security numbers, and other personal information to apply for and obtain millions of dollars in [Paycheck Protection Program (‘PPP’)] loans.” See id. Plaintiffs allege that the named Defendants, i.e., “banks and financial institutions, act[ed] as PPP lenders and/or facilitators, processed, approved, and disbursed these fraudulent loans, despite numerous red flags and clear indicia of identity theft and fraud.” [Id. at pg. 2, ¶ 2.] Plaintiffs claim that “Defendants received substantial fees and financial incentives for processing PPP loans, creating a conflict of interest and a motive to ignore or downplay fraud risks.” [Id. at pg. 2, ¶ 6.]

According to Plaintiffs, as a result of Defendants’ alleged conduct, “Plaintiffs’ credit, reputations, and financial standing have been irreparably damaged.” [Id. at pg. 2, ¶ 4.] Plaintiffs, therefore, seek various forms of relief, such as: injunctive relief “enjoining Defendants and all persons acting in concert with them from further misuse of Plaintiffs’ personal data, and from processing or facilitating fraudulent loans in Plaintiffs’ names;” [id. at pg. 4;] compensatory and punitive damages; and any other appropriate relief, [id.].

[Id. at PageID.13-14 (some alterations in 9/16 EO).] STANDARD “Federal courts can authorize the commencement of any suit without prepayment of fees or security by a person who submits an affidavit that demonstrates he is unable to pay.” Smallwood v. Fed. Bureau of Investigation, CV. NO. 16-00505 DKW- KJM, 2016 WL 4974948, at *1 (D. Hawai`i Sept. 16, 2016) (citing 28 U.S.C. § 1915(a)(1)). The Court subjects each civil action commenced pursuant to Section 1915(a) to mandatory screening and can order the dismissal of any claims it finds “frivolous, malicious, failing to state a claim upon which relief may be granted, or seeking monetary relief from a defendant immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (stating that 28 U.S.C. § 1915(e) “not only permits but requires” the court to sua sponte dismiss an in forma pauperis complaint that fails to state a claim);[1] Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam) (holding that “the provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners”).

Id. at *3. In addition, the following standards apply in the screening analysis: Plaintiff is appearing pro se; consequently, the court liberally construes her pleadings. Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987) (“The Supreme Court has instructed the federal courts to liberally construe the ‘inartful pleading’ of pro se litigants.” (citing Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam))). The court also recognizes that “[u]nless it is absolutely clear that no amendment can cure the defect . . . a pro se litigant is entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to dismissal of the action.” Lucas v. Dep’t of

1 Lopez has been overruled, in part, on other grounds by Peralta v. Dillard, 744 F.3d 1076 (9th Cir. 2014) (en banc). Corr., 66 F.3d 245, 248 (9th Cir. 1995); see also Lopez v. Smith, 203 F.3d 1122, 1126 (9th. [sic] Cir. 2000).

Despite the liberal pro se pleading standard, the court may dismiss a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on its own motion. See Omar v. Sea–Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (“A trial court may dismiss a claim sua sponte under [Rule] 12(b)(6). Such a dismissal may be made without notice where the claimant cannot possibly win relief.”); see also Baker v. Dir., U.S. Parole Comm’n, 916 F.2d 725, 727 (D.C. Cir. 1990) (holding that district court may dismiss cases sua sponte pursuant to Rule 12(b)(6) without notice where plaintiff could not prevail on complaint as alleged). . . .

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Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimmy-tate-jaleceya-tate-v-capital-plus-financial-llc-prestamos-cdfi-hid-2025.