Cortez et al v. S N Servicing et al

Filing 4

ORDER re 2 Complaint filed by ChanDra Lyons Cortez, Cornelio Cortez directing the plaintiffs to amend the complaint within 30 days. Signed by Judge James M. Moody on 1/29/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION CHANDRA LYONS CORTEZ, CORNELIO CORTEZ Plaintiff, VS. S N SERVICING, SHAPRIO LAW FIRM Defendant. Order * * * * * * * * * * * NO: 4:09CV00057 JMM Plaintiffs commenced this action pro se. Their claims appear to involve a mortage. Along with the complaint, Plaintiffs filed an application to proceed in forma pauperis and a motion for appointment of counsel. The Eighth Circuit has instructed that the decision of whether a complaint is frivolous or malicious precedes the decision of whether to grant in forma pauperis status and whether to order service of process. See Carney v. Houston 33 F.3d 893, 895 (8th Cir. 1994)(quoting Gentile v. Missouri Dept. Of Corrections, 986 F.2d 214 (8th Cir. 1993)). "If the complaint is frivolous or malicious, the district court should dismiss it out of hand." Id. A complaint is frivolous where it lacks an arguable basis either in law or fact. See Neitzke v. Williams, 490 U.S. 319, 325-27 (1989). Plaintiffs' complaint in this case is incomprehensible. Therefore, the Court will dismiss Plaintiffs' complaint unless they amend the complaint to specify the facts upon which the claims are based and the alleged violations of the law. Plaintiff must file an amended 1 complaint within thirty (30) days of the date of this Order. Failure to do so will result in dismissal of the complaint. SO ORDERED this 29th day of January 2009. ____________________________________ UNITED STATES DISTRICT JUDGE 2

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