Emrit v. MOHELA et, al.

Filing 11

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is DENIED. [Doc. 4] IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days to pay the full filing fee of $400 to the Clerk of Court. Plaintif fs failure to pay the full filing fee within thirty (30) days of the date of this Order will result in a dismissal of this action without prejudice. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel is DENIED at this time. [Doc. 7] IT IS FURTHER ORDERED that plaintiffs motion to correct the docket to reflect the proper name of defendant MOHELA Corporation is GRANTED. [Doc. 8] The Clerk of Court shall update the docket in accordance with plaintiffs amended complaint. IT IS F URTHER ORDERED that plaintiffs motion for joinder of defendant MOHELA Corporation is DENIED AS MOOT. [Doc. 6] IT IS FURTHER ORDERED that plaintiffs motion to have he U.S. Marshal Service effectuate service on his behalf is DENIED as plaintiff has no t been granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. Plaintiffs motion to have the Clerk of Court mail summons to him at this time is also DENIED. The Clerk shall mail summons to plaintiff after he pays the $400 filing fee in full. At that time plaintiff will be responsible for serving defendants on his own behalf. [Doc. 9] IT IS FURTHER ORDERED that plaintiffs motion to have the Clerk mail him a blank motion to proceed in forma pauperis and a blank civil cover sheet is GRANTED. The Clerk shall provide these forms to plaintiff in accordance with this Order. [Doc. 10] ( Response to Court due by 3/7/2014.) Signed by District Judge Charles A. Shaw on 2/5/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD SATISH EMRIT,
Plaintiff,
v.
MOHELA Corporation, et al.,
Defendants.

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No. 4:13-CV-2592 CAS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Ronald S. Emrit’s motion to proceed in forma
pauperis, as well as a myriad of other motions filed by plaintiff. The Court has reviewed plaintiff’s
financial affidavit and finds that he does not qualify for in forma pauperis status in this Court.1 As
such, plaintiff must pay the filing $400 filing fee within thirty (30) days in order to maintain an
action in this Court. Plaintiff’s failure to pay the filing fee within the time allotted will result in an
immediate dismissal of this action, without prejudice.
The Court has also reviewed plaintiff’s motion for appointment of pro bono counsel, and his
motion will be denied at this time. There is no constitutional or statutory right to appointed counsel
in civil cases. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In
determining whether to appoint counsel, the Court considers several factors, including (1) whether
the plaintiff has presented non-frivolous allegations supporting his or her prayer for relief; (2)
whether the plaintiff will substantially benefit from the appointment of counsel; (3) whether there
is a need to further investigate and present the facts related to the plaintiff’s allegations; and (4)

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Plaintiff’s financial affidavit shows that he receives royalties from TuneCore (a
company that allows artists to sell their music online), has received a very large inheritance
within the past year and also has some funds at his immediate disposal.

whether the factual and legal issues presented by the action are complex. See Johnson v. Williams,
788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.
Plaintiff seeks to bring an action for a violation of his civil rights under 42 U.S.C. § 1983
against his student loan lenders, MOHELA Corporation, KHESLC, Access Group, Sallie Mae and
Southwest Student Services Corporation. He generally asserts that the lenders have violated his due
process and equal protection rights by allowing his student loans to go into default without providing
plaintiff with a notice and hearing.2 Plaintiff additionally asserts that defendants committed
“predatory lending” because they had constructive notice that these loans would drive plaintiff into
bankruptcy.
After considering these factors, the Court finds that the facts and legal issues involved are
not so complicated that the appointment of counsel is warranted at this time. Moreover, plaintiff
asserts that he attended several institutions of higher learning. Although plaintiff does not state
whether or not he concluded all of his degrees at these institutions, he states that he instituted
advanced courses of study in both law and business. As such, the Court feels that plaintiff has the
ability to represent his own interests at this time and will deny his motion for appointment of
counsel.3
Last, the Court will instruct the Clerk of Court to change the docket to reflect the defendant
MOHELA’s full name - MOHELA Corporation. Thus, plaintiff’s motion for joinder will be denied

2

It appears that plaintiff incurred the student loan debt while attending Brown University,
St. Thomas University School of Law and the University of Arizona.
3

Further, the Court has reviewed plaintiff’s litigation history on PACER and found that
plaintiff has pursued, or is in the process of pursuing, approximately twenty-seven (27) civil
cases during the past two years. Thus, plaintiff has experience in bringing his own claims to
federal court.
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as moot. Plaintiff’s request for forms, however, will be granted in part and denied in part, as set
forth below.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis is
DENIED. [Doc. 4]
IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days to pay the full
filing fee of $400 to the Clerk of Court. Plaintiff’s failure to pay the full filing fee within thirty
(30) days of the date of this Order will result in a dismissal of this action without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel is
DENIED at this time. [Doc. 7]
IT IS FURTHER ORDERED that plaintiff’s motion to correct the docket to reflect the
proper name of defendant MOHELA Corporation is GRANTED. [Doc. 8] The Clerk of Court
shall update the docket in accordance with plaintiff’s amended complaint.
IT IS FURTHER ORDERED that plaintiff’s motion for joinder of defendant MOHELA
Corporation is DENIED AS MOOT. [Doc. 6]
IT IS FURTHER ORDERED that plaintiff’s motion to have the U.S. Marshal Service
effectuate service on his behalf is DENIED as plaintiff has not been granted leave to proceed in
forma pauperis under 28 U.S.C. § 1915. Plaintiff’s motion to have the Clerk of Court mail
summons to him at this time is also DENIED. The Clerk shall mail summons to plaintiff after
he pays the $400 filing fee in full. At that time plaintiff will be responsible for serving
defendants on his own behalf. [Doc. 9]

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IT IS FURTHER ORDERED that plaintiff’s motion to have the Clerk mail him a blank
motion to proceed in forma pauperis and a blank civil cover sheet is GRANTED. The Clerk
shall provide these forms to plaintiff in accordance with this Order. [Doc. 10]

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 5th day of February, 2014

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