Galvez v. Wells Fargo Bank, N.A. et al

Filing 3

ORDER denying 2 Motion for Leave to Proceed In Forma Pauperis. Galvez must pay the $400 filing fee by 5/5/2018 or her case will be dismissed. Signed by Judge Larry Alan Burns on 4/4/2018. (All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DUCHICELA GALVEZ,
Plaintiff,

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vs.

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CASE NO. 18cv633-LAB (AGS)
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS

WELLS FARGO BANK, N.A., et al.,
Defendant.

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Duchicela Galvez filed a motion to proceed in forma pauperis in her action against

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Wells Fargo for claims related to her mortgage. Courts may authorize litigants to proceed

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without paying when they can’t afford the filing fee. 28 U.S.C. § 1915. While the Court is

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sympathetic that Galvez’s partner is in jail, and she doesn’t have much to spare after paying

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her expenses, she makes $4,100 a month. She hasn’t shown the filing fee would prevent

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her from providing her family “with the necessities of life.” Adkins v. E.I. DuPont de Nemours

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& Co., 335 U.S. 331, 339 (1948). Galvez must pay the $400 filing fee by May 5, 2018, or

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her case will be dismissed. The Court reminds Galvez that federal courts have limited

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jurisdiction to hear cases arising under federal law, or between citizens of different states

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for disputes worth more than $75,000. 28 U.S.C. §§ 1331, 1332. Galvez must ensure her

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complaint belongs in federal court, as opposed to state court, before paying the filing fee.

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IT IS SO ORDERED.
Dated: April 4, 2018

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HONORABLE LARRY ALAN BURNS
United States District Judge