Blair v. Ocwen Loan Servicing, LLC

Full title: DONALD CHARLES BLAIR, et al., Plaintiffs, v. OCWEN LOAN SERVICING, LLC, et…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Nov 23, 2015

Case No.: 1:15-cv-01451 - LJO - JLT (E.D. Cal. Nov. 23, 2015)

Opinion

Case No.: 1:15-cv-01451 - LJO - JLT

11-23-2015

DONALD CHARLES BLAIR, et al., Plaintiffs, v. OCWEN LOAN SERVICING, LLC, et al., Defendants.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS DENYING PLAINTIFFS' MOTION TO PROCEED IN FORMA PAUPERIS

Plaintiffs initiated this action by filing a complaint and a motion to proceed in forma pauperis on September 24, 2015. (Docs. 1-2) The Magistrate Judge reviewed Plaintiffs' application to proceed in forma pauperis, and noted Plaintiffs reported a joint income of $16,500.00. (Doc. 3 at 3, citing Doc. 3 at 2) Based upon the income and monthly expenses reported, the Magistrate Judge found Plaintiffs failed to satisfy the requirements of 28 U.S.C. §1915, which requires applicants to demonstrate they cannot meet court costs and still provide themselves with the necessities of life. (Id.; see also Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004)). Therefore, the Magistrate Judge recommended their request be denied.

Plaintiffs were given fourteen days to file any objections to the recommendation that their request to proceed in forma pauperis be denied. (Doc. 3 at 2) In addition, Plaintiffs were "advised that failure to file objections within the specified time may waive the right to appeal the District Court's order." (Id., citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). To date, no objections have been filed, and Plaintiffs paid the filing fee on November 17, 2015.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported by the record and proper analysis.

Based upon the foregoing, IT IS HEREBY ORDERED:

1. The Findings and Recommendations dated November 2, 2015 (Doc. 3) are ADOPTED IN FULL; and

2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED.

IT IS SO ORDERED.

Dated: November 23 , 2015

/s/ Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE