Tucker v. Altisource

Filing 15

ORDER Vacating #8 Order to Show Cause; Granting #5 and #12 Plaintiff's Application to Proceed Without Prepaying Fees; and Granting #10 MOTION for Extension of Time to File Answer. Defendants Responsive Pleading to #1 Complaint is due by 5/31/2024, Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Jerry Lynn Tucker, III,
Plaintiff,
v.

Case No. 24-10794
Judith E. Levy
United States District Judge

Altisource,1
Defendant.

Mag. Judge Kimberly G. Altman

________________________________/
ORDER VACATING ORDER TO SHOW CAUSE [8], GRANTING
PLAINTIFF’S APPLICATION TO PROCEED WITHOUT
PREPAYING FEES [5][12], AND GRANTING DEFENDANT’S
MOTION FOR EXTENSION OF TIME [10]
On March 28, 2024, pro se Plaintiff Jerry Lynn Tucker, III, filed the
complaint in this quiet title case. (ECF No. 1.) In his complaint, Plaintiff
claims that he has ownership of a property in Detroit. (Id.) That same
day, the Clerk entered a notice of filing fee not paid, stating that Plaintiff
had not paid the filing fee and that he must do so by April 11, 2024. (ECF
No. 2.) On April 8, 2024, Plaintiff filed a document requesting permission

Defendant states that it is incorrectly named as “Altisource,” and is actually
“Altisource Solutions, Inc.” (ECF No. 14, PageID.38.)
1

to proceed in forma pauperis. (ECF No. 5, PageID.12.) On April 22, 2024,
the Court ordered Plaintiff to show cause why this case should not be
dismissed for failure to pay the filing fee or for lack of subject matter
jurisdiction. (ECF No. 8.) In a document dated May 5, 2024, Plaintiff
timely responded to the show cause order. (ECF No. 12.) In this
document, Plaintiff attached a completed application to proceed in
district court without prepaying fees or costs. (Id. at PageID.33–34.)
Plaintiff also responded to the Court’s order to show cause as to subject
matter jurisdiction. (Id. at PageID.31–32.) Defendant also responded to
the Court’s order to show cause. (ECF No. 14.)
First, the Court’s order to show cause as to Plaintiff’s failure to pay
the filing fee has been satisfied and is vacated, and Plaintiff’s application
to proceed without prepaying fees is granted. Federal courts “may
authorize the commencement . . . of any suit, action or proceeding . . .
without prepayment of fees . . . by a person who submits an affidavit that
includes a statement . . . that the person is unable to pay such fees.” 28
U.S.C. § 1915(a)(1). Plaintiff’s application indicates that he receives
$1,350.00 biweekly in take-home pay or wages, has $1,315.00 in monthly
expenses, and has $175.00 in a checking or savings account. (ECF No. 12,
2

PageID.33–34.) Given Plaintiff’s lack of financial resources, the Court
finds that Plaintiff satisfies the requirements under 28 U.S.C.
§ 1915(a)(1), and his application to proceed without prepayment of fees is
granted.
Second, the Court’s order to show cause as to subject matter
jurisdiction is vacated. (ECF No. 8.)
Finally, Defendant’s motion for extension of time is granted. (ECF
No. 10.) Defendant must file its motion to dismiss or answer by
Friday, May 31, 2024.
IT IS SO ORDERED.
Dated: May 10, 2024
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or first-class U.S. mail addresses
disclosed on the Notice of Electronic Filing on May 10, 2024.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

3