Middleton v. Carrington Mortgage Holdings, LLC et al

Filing 41

ORDER denying 39 Motion to Expedite Fee Waiver. Signed by Magistrate Judge Carl W. Hoffman on 5/9/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ERVIN MIDDLETON,

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Plaintiff,
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v.
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CARRINGTON MORTGAGE SERVICES,
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LLC,
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Defendant.
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_______________________________________ )

Case No. 2:16-cv-01657-RFB-CWH

ORDER

Presently before the Court is Plaintiff’s motion to expedite fee waiver (ECF No. 39), filed on
May 8, 2017. Defendant has not filed a response.
Plaintiff requests a fee waiver, but does not specify what fee he requests be waived. The

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Court notes that Plaintiff has not submitted an application to proceed in forma pauperis in this case.

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Plaintiff represents that he was granted a fee waiver in this case while it was in state Court. That

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may be, but federal courts are authorized to grant fee waivers only under U.S.C. 28 § 1915, which

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requires an affidavit certifying the inability to pay fees before a Court may grant in forma pauperis

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status. As such, the Court has no basis to provide a waiver of any fees, even if a request for a

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specific fee waiver was before the Court. If Plaintiff wishes to do so, he may submit an application

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to proceed in forma pauperis in this matter.

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IT IS THEREFORE ORDERED that Plaintiff’s motion to expedite fee waiver (ECF No. 39)
is DENIED without prejudice.
IT IS FURTHER ORDERED that the Clerk shall mail Plaintiff an application to proceed in
forma pauperis along with a copy of this order.
DATED: May 9, 2017.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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