Beck et al v. Moynihan et al

Filing 24

ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File New and Material Evidence [Doc. #22] is DENIED, consistent with this Memorandum and Order. IT IS FURTHER ORDERED that Plaintiff's IFP status is REVOKED and the Order of A pril 4, 2012, granting the motion to proceed in forma pauperis is SET ASIDE. IT IS FINALLY ORDERED that Plaintiff shall pay the filing fee no later than June 21, 2012. Failure to comply with this Memorandum and Order will result in dismissal of Plaintiff's complaint without prejudice. Signed by Magistrate Judge Terry I. Adelman on 6/6/12. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DISTRICT
NORMA BECK,
Plaintiff,
v.
BANK OF AMERICA, N.A., and
BRIAN MOYNIHAN,
Defendant.

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No. 4:12CV10 TIA

ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to File New and Material
Evidence (Doc. #22). The case was assigned to the undersigned Magistrate Judge pursuant to E.D.
Mo. L.R. 2.08.
Plaintiff filed a pro se complaint in federal court on January 3, 2012, alleging violations of the
Truth in Lending Act. On January 30, 2012, Plaintiff filed a Financial Affidavit – CJA 23, and the
Court granted Plaintiff’s motion to proceed in forma pauperis on April 4, 2012.1 However, upon
further review of Plaintiff’s Financial Affidavit, the undersigned noted that the affidavit was deficient
in that Plaintiff did not fully and completely answer all of the questions. Therefore, the Court ordered
the Clerk of the Court to forward a new Financial Affidavit – CJA 23 to Plaintiff and ordered the
Plaintiff to fully complete the form and return it to the Court or pay the filing fee no later than June
1, 2012. The Court further stated that “failure to comply with this Order will result in revocation of

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The Complaint was originally filed by Plaintiff and her husband, Kenneth Beck.
However, after the Court ordered the Plaintiffs to submit separate motions and financial affidavits,
only Plaintiff Norma Beck complied with the order. Therefore, the Court dismissed Kenneth
Beck from the action and ordered the Clerk to issue process on the complaint for Norma Beck
only. (Mem. and Order of 4/4/12, ECF No. 10)

Plaintiff’s IFP status or dismissal of her claims.” (Order of 5/15/12, ECF No. 21)
Instead of complying with that Order, the Plaintiff filed a Motion for Leave to File New and
Material Evidence on May 31, 2012. However, because Plaintiff has failed to follow the directives
of this Court or otherwise satisfactorily demonstrate that she is entitled to proceed without payment
of the filing fee, the Court will revoke Plaintiff’s IFP status and set aside the Order of April 4, 2012.
The Court will also deny Plaintiff’s motion to file additional evidence at this time. Should Plaintiff
pay the filing fee and pursue her cause of action, she is free to re-file the motion.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to File New and Material
Evidence [Doc. #22] is DENIED, consistent with this Memorandum and Order.
IT IS FURTHER ORDERED that Plaintiff’s IFP status is REVOKED and the Order of
April 4, 2012, granting the motion to proceed in forma pauperis is SET ASIDE.
IT IS FINALLY ORDERED that Plaintiff shall pay the filing fee no later than June 21,
2012. Failure to comply with this Memorandum and Order will result in dismissal of Plaintiff’s
complaint without prejudice.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this

6th

day of June, 2012.