Staples v. Outsource Receivables Management, Inc. et al

Filing 9

ORDER granting 5 Motion for Leave to Proceed in forma pauperis; finding as moot 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

RACHEL MAREEA STAPLES,
Case No. 4:12-cv-00014-BLW
Plaintiff,
ORDER
v.
OUTSOURCE RECEIVABLES
MANAGEMENT, CHRIS GREEN,
KEITH REIMER, STERLING
SAVINGS BANK-PC,
Defendants.

The Clerk of Court conditionally filed Plaintiff’s Complaint based on her in forma
pauperis request. Magistrate Judge Dale reviewed the Complaint to determine whether
any of the claims should be summarily dismissed under 28 U.S.C. §1915 and 1915A. The
undersigned agrees with Judge Dale’s determination and adopts the Initial Review Order
as written. (Dkt. 6). Specifically, the Court finds that Plaintiff has stated good faith claims
for relief under the FDCPA. Therefore, Plaintiff’s claims in Count I for false
representation of the debt under 15 U.S.C. § 1692e and continued collection activity in
violation of 15 U.S.C. § 1692g(b) may proceed. However, her claims in Count II under 15
U.S.C. § 1692k will be dismissed.
With respect to payment of the filing fee, Plaintiff has filed two separate affidavits.

ORDER - 1

According to the first, Plaintiff does not meet the full criteria to establish that she is
indigent under 28 U.S.C. § 1915. Based upon the second, she does meet the full criteria.
Accordingly, the Court ordered Plaintiff to file a notice with the Court indicating which
In Forma Pauperis Application, Dkt. 1 or Dkt 5, is accurate, and why Plaintiff filed two
applications. (Dkt. 7). Plaintiff filed the notice and indicated that her husband passed
away, which is why her income was reduced, and why she filed the second affidavit.
Under these circumstances, the Court finds that Plaintiff meets the criteria to establish
that she is indigent under 28 U.S.C. § 1915. Accordingly, the filing fee shall be waived.
ORDER
IT IS ORDERED:
1.

Plaintiff’s In Forma Pauperis Application (Dkt. 1) is DEEMED MOOT.

2.

Plaintiff’s In Forma Pauperis Application (Dkt. 5) is GRANTED.

DATED: October 25, 2012

Honorable B. Lynn Winmill
Chief U. S. District Judge

ORDER - 2