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Thomas T. Mitcham v. Cwb Mortgage Ventures

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


October 4, 2011

THOMAS T. MITCHAM, PLAINTIFF,
v.
CWB MORTGAGE VENTURES, LLC, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: B. Lynn WINMILLChief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER

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. § 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.

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 self-employed 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 Health and Human Services' 2011 Poverty Guidelines.*fn1 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.


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