Williams et al v. Bank of America
MEMORANDUM AND ORDER re: 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Earl Williams, 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Carol Williams. IT IS HEREBY ORDERED that plaintiffs motions to pr oceed in forma pauperis [ECF Nos. 2, 3] are GRANTED.IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C.§ 1915(e)(2)(B). An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 3/30/15. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CAROL WILLIAMS and EARL
BANK OF AMERICA,
No. 4:15CV401 SNLJ
MEMORANDUM AND ORDER
Plaintiffs move for leave to bring this action in forma pauperis. The motion is granted.
Additionally, this action is dismissed without further proceedings.
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief under § 1983, a complaint must plead more than “legal conclusions”
and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). A plaintiff must
demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Plaintiffs bring this action under 42 U.S.C. § 1981. Plaintiffs allege that defendant has
violated the Home Affordable Modification Program (“HAMP”) by refusing to modify their
home loan and threatening to foreclose their property.
To establish a claim under § 1981, a plaintiff must demonstrate that the defendant
purposefully and intentionally discriminated against him or her on the basis of race. See General
Bldg. Contractors Ass'n, Inc. v. Pennsylvania, 458 U.S. 375, 391 (1982); Edwards v. Jewish
Hosp., 855 F.2d 1345, 1351 (8th Cir. 1988).
The instant complaint does not allege that
defendant discriminated against plaintiffs on the basis of their race. As a result, plaintiffs’§ 1981
claim is legally frivolous.
Furthermore, there is no private cause of action to initiate a federal lawsuit under HAMP.
See Miller v. Chase Home Finance, LLC, 677 F.3d 1113, 1116 (11th Cir. 2012). As a result, this
action is dismissed.
IT IS HEREBY ORDERED that plaintiffs’ motions to proceed in forma pauperis [ECF
Nos. 2, 3] are GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C.
An Order of Dismissal will accompany this Memorandum and Order.
Dated this 30th day of March, 2015.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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