Schoeppner v. Flagstar Bank FSB et al
ORDER OF DISMISSAL WITHOUT PREJUDICE. Plaintiffs Complaint is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. §1915(e)(2)(B). Plaintiffs in forma pauperis status is REVOKED. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
DEMAREST R. SCHOEPPNER, an
ORDER OF DISMISSAL WITHOUT
FLAGSTAR BANK, FSB, a Michigan
ELECTRONIC SYSTEMS, INC., a
On January 2, 2018, Plaintiff was ordered to file, within 60 days, an
Amended Complaint or voluntarily dismiss the Complaint. Plaintiff is proceeding
pro se and in forma pauperis.
Plaintiff was cautioned that his failure to amend or voluntarily dismiss
within 60 days would result in the dismissal of this case because his Complaint
failed to state a claim. Although granted the opportunity to do so, Plaintiff has
failed to timely amend or voluntarily dismiss this action.
ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1
Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith.” The
good faith standard is an objective one, and good faith is demonstrated when an
individual “seeks appellate review of any issue not frivolous.” See Coppedge v.
United States, 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an
appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams,
490 U.S. 319, 325 (1989).
The Court finds that any appeal of this Order would not be taken in good
faith and would lack any arguable basis in law or fact. Accordingly, the Court
hereby revokes Plaintiff’s in forma pauperis status.
ACCORDINGLY, IT IS HEREBY ORDERED:
1. Plaintiff’s Complaint is DISMISSED without prejudice for failure to
state a claim under 28 U.S.C. §1915(e)(2)(B).
2. Plaintiff’s in forma pauperis status is REVOKED.
The District Court Executive is directed to enter this Order, enter judgment
of dismissal without prejudice, forward a copy to Plaintiff, and CLOSE the file.
DATED March 8, 2018.
THOMAS O. RICE
Chief United States District Judge
ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2
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