Severe Records et al v. Jones et al

Filing 19

ORDER: The plaintiffs have filed a Motion 10 requesting that the corporate plaintiff, Severe Records, be allowed to withdraw from the lawsuit. In addition, the remaining plaintiff, Chris Sevier, asks the Court to reconsider its order denying him pa uper status. To the extent that the corporate plaintiff seeks leave to withdraw from this litigation, his motion is GRANTED. To the extent that the plaintiff moves this Court to reconsider its decision denying him pauper status, such motion is hereby DENIED. Signed by Chief Judge Todd J. Campbell on 5/26/11. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

SEVERE RECORDS and
CHRIS SEVIER
Plaintiffs,

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v.
NANCY JONES, et al.
Defendants.

No. 3:11-0435
Judge Campbell

O R D E R
On May 12, 2011, an order (Docket Entry No.4) was entered
denying the plaintiffs’ joint application to proceed in forma
pauperis. The denial was based upon the fact that a corporate
entity, such as Severe Records, could not proceed as a pauper.
Rowland v. California Mens Colony, Unit II Mens’ Advisory Council,
506 U.S. 194,201-204 (1993).
Since the entry of this order, the plaintiffs have filed a
Motion

(Docket

Entry

No.10)

requesting

that

the

corporate

plaintiff, Severe Records, be allowed to withdraw from the lawsuit.
In addition, the remaining plaintiff, Chris Sevier, asks the Court
to reconsider its order denying him pauper status.
There has yet been no responsive pleading filed in the instant
action. Therefore, to the extent that the corporate plaintiff seeks
leave to withdraw from this litigation, his motion is GRANTED. Rule
41(a)(1)(A)(i), Fed.R.Civ.P.

With Severe Records no longer a party to this action, Chris
Sevier believes that the Court should reconsider its decision to
deny him pauper status.
According to his application to proceed in forma pauperis, the
plaintiff has monthly income in excess of $1400. He owns a motor
vehicle and has $600 in a checking account. From this information,
the

Court

finds

that

the

plaintiff

has

sufficient

financial

resources from which to pay the fee required to file his complaint.
Consequently, to the extent that the plaintiff moves this
Court to reconsider its decision denying him pauper status, such
motion is hereby DENIED.
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge