Opinion
22-CV-2169
03-28-2022
ESTHER HUNTE and JONATHAN HUNTE, Plaintiffs, v. RUSHMORE LOAN MANAGEMENT SERVICES, LLC, Defendant.
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION
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 Jonathan Hunte's IFP application, he 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, 3 69 U.S. 43 8, 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 Jonathan Hunte and note service on the docket.
SO ORDERED.