Opinion
C21-1613JLR
12-17-2021
ARMAND CALHOUN, et al., Plaintiffs, v. BANK OF AMERICA NA, Defendant.
ORDER
JAMES L. ROBART, United States District Judge.
Before the court are Plaintiffs Armand Calhoun and Robert Flores's (collectively, “Plaintiffs”) petitions for disbursement of funds. (Pet. (Dkt. # 6).) The court has reviewed Plaintiffs' petitions, the balance of the record, and the applicable law. Being fully advised, the court DENIES Plaintiffs' petitions.
Plaintiffs request that the court direct the Clerk to disburse “funds deposited in the registry of this court.” (See Pet.) Plaintiffs seek disbursement of $630,000,000 in the form of four checks made out to made out to Mr. Flores, Mr. Calhoun, and minors T.C and Q.C. (See id.) Pursuant to Local Rule 67, “[a]ll deposits into the Registry of the [c]ourt must be accompanied by a court order permitting the deposit.” Local Rules W.D. Wash. LCR 67. Here, there has been no such order nor have any funds been deposited in the court's registry in relation to this matter. (See generally Dkt.) Thus, there are no funds for the Clerk to disburse to Plaintiffs.
Moreover, this action has not yet commenced due to Mr. Calhoun's failure to cure the deficiencies in his in forma pauperis (“IFP”) application and Mr. Flores's failure to file an IFP application. (See IFP Deficiency Letter (Dkt. # 3); see also IFP Application (Dkt. # 1); Dkt.) Because these IFP deficiencies have not yet been cured, Plaintiffs' proposed complaint has not yet been filed with the court. (See generally Dkt.; Proposed Compl. (Dkt. # 1-1).)
Accordingly, the court DENIES Plaintiffs' petitions to disburse funds (Dkt. # 6). Furthermore, the court warns Plaintiffs that this action may be dismissed if they fail to correct the deficiencies with their IFP applications by January 3, 2022. (See IFP Deficiency Letter.)