LNV Corporation v. Gebhardt (TV3)

Filing 71

ORDER denying 64 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge H Bruce Guyton on 5/28/14. (copy mailed) (KMK, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
LNV CORPORATION,
Plaintiff,
v.
CATHERINE GEBHARDT,
Defendant.

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No. 3:12-CV-468-TAV-HBG

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02. On May 14, 2014, Defendant filed an Application to Proceed in
Forma Pauperis [Doc. 64], in which she moves the Court to allow her to proceed in forma
pauperis on appeal.
Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who moves to
be permitted to proceed in forma pauperis on appeal must demonstrate through a detailed
financial statement that the party is unable to pay or to give security for the fees and costs of the
appeal. See Fed. R. App. P.
In her application, the Defendant indicates that she owns the home in which she has
resided for the last twelve years. [Doc. 64 at 2]. She does not state the full address of this home.
[Id. at 2]. She lists 3753 Thomas Cross Road, the real property that is subject to the note and
mortgage at issue in this case, separately, and it is not clear from the application whether the
Defendant resides at 3753 Thomas Cross Road. [Id. at 2-3]. Regardless, Defendant does not

give any value for the real property on Thomas Cross Road, nor does she indicate whether she
has any equity in this real property.
Based upon the foregoing, the Court finds that the Defendant has not demonstrated that
she should be permitted to proceed without paying the $500 filing fee or other costs.
Accordingly, the Application to Proceed in Forma Pauperis [Doc. 64] is DENIED.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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