Andrade et al v. Countrywide KB Home Loans et al

Filing 44

ORDER OF THE COURT ON RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL: Considering the record in this case and the 43 recommendation of the Magistrate Judge, the Court hereby finds and orders the 42 motion for leave to proceed in forma pauperis on appeal is DENIED. (Ordered by Judge Ed Kinkeade on 4/11/2016) (ran)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CLAUDIO D. & DALINDA
ANDRADE,
Plaintiffs,

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v.
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COUNTRYWIDE KB HOME LOANS, §
MORTGAGE ELECTRONIC
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REGISTRATION SERVICES, INC.;
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G. TOMMY BASTIAN, et al.,
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RECONTRUST COMPANY, NA,
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BANK OF AMERICA, NA,
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COUNTRYWIDE HOME LOANS,
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INC., THE BANK OF NEW YORK
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MELLON, COLFIN AI-TX
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1, LLC, and DOES 1-X,
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Defendants.
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Civil Action No. 3:14-CV-3969-K

ORDER OF THE COURT ON RECOMMENDATION REGARDING
REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Considering the record in this case and the recommendation of the Magistrate
Judge, the Court hereby finds and orders:
( )

The motion for leave to proceed in forma pauperis on appeal is GRANTED.

(X)

The motion for leave to proceed in forma pauperis on appeal is DENIED for
the following reasons:
(X)

Plaintiffs are not paupers. A review of the financial information
provided by plaintiffs shows a total monthly income of $7,524.00
and total monthly expenses of approximately $6,205.00. Given this
financial information showing monthly income exceeding monthly
expenses by $1,319.00, the Court concludes that plaintiffs will not
suffer undue financial hardship after payment of the $505.00 filing
fee. See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).

Although this Court has denied leave to proceed in forma pauperis on
appeal, plaintiffs may challenge the denial by filing a separate motion to
proceed in forma pauperis on appeal with the Clerk of Court, U.S. Court of
Appeals for the Fifth Circuit, within thirty days after service of the notice
required by Fed. R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5).
SO ORDERED.
Signed April 11th, 2016.

ED KINKEADE
UNITED STATES DISTRICT JUDGE

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