Calhoun et al v. Bank of America NA

Filing 15

AMENDED 12 ORDER TO SHOW CAUSE. Plaintiffs are ORDERED to show cause why their case should not be dismissed. Plaintiffs must respond to this Show Cause Order by January 19, 2022. Signed by Judge James L. Robart. (LH) (cc: Plaintiff Calhoun via US mail)

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Case 2:21-cv-01613-JLR Document 15 Filed 01/10/22 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ARMAND CALHOUN, et al., 11 Plaintiffs, v. 12 13 AMENDED SHOW CAUSE ORDER BANK OF AMERICA NA, Defendant. 14 15 CASE NO. C21-1613JLR Before the court are: (1) pro se Plaintiff Armand Calhoun’s application to proceed 16 in forma pauperis (“IFP”) (IFP Application (Dkt. # 1)); and (2) Mr. Calhoun and pro se 17 Plaintiff Robert Flores’s (collectively, “Plaintiffs”) proposed complaint (Compl. (Dkt. 18 # 1-1)). 1 The court notified Mr. Calhoun on December 1, 2021 that his IFP application 19 was “[u]nsigned/[b]lank/[i]ncomplete” and instructed him to submit the correct form to 20 21 22 1 This order amends the court’s January 4, 2022 show cause order (1/4/22 Show Cause Order (Dkt. # 12) (listing the response deadline as February 4, 2022)) by correcting the date that Plaintiffs’ must respond to the court’s show cause order by. SHOW CAUSE ORDER - 1 Case 2:21-cv-01613-JLR Document 15 Filed 01/10/22 Page 2 of 3 1 the court by January 3, 2022. (See Notice (Dkt. # 3).) It also notified him that Mr. Flores 2 did not file a separate IFP application and did not sign the proposed complaint. (See id. 3 (requiring Mr. Calhoun to file the properly signed complaint, in accordance with Federal 4 Rule of Civil Procedure 11 and Local Civil Rule 83.2 by December 15, 2021).) Plaintiffs 5 have neither filed a corrected IFP application for Mr. Calhoun and a separate IFP 6 application for Mr. Flores nor paid the $400.00 filing fee. (See generally Dkt.) They 7 have also failed to file a corrected proposed complaint signed by both Mr. Flores and Mr. 8 Calhoun. 2 (See generally id.) 9 Accordingly, Mr. Calhoun is ORDERED to show cause why his IFP application 10 should not be denied, and Plaintiffs are ORDERED to show cause why their case should 11 not be dismissed. Plaintiffs must respond to this Show Cause Order by January 19, 2022. 12 Alternatively, Plaintiffs may, before January 19, 2022, (1) either pay the $400.00 filing 13 fee or submit both a corrected IFP application for Mr. Calhoun and a separate IFP 14 application for Mr. Flores and (2) file a corrected proposed complaint signed by both Mr. 15 Flores and Mr. Calhoun. Failure to timely respond will result in dismissal of this action 16 without prejudice. Moreover, the court will not consider any additional filings by 17 Plaintiffs until they cure the deficiencies stated above. 18 // 19 // 20 21 22 2 Because Mr. Calhoun is proceeding pro se and is not otherwise eligible to appear as counsel for Mr. Flores, see Local Rules W.D. Wash. LCR 83.1-.2, Mr. Flores must personally sign the proposed complaint pursuant to Federal Rule of Civil Procedure 11. SHOW CAUSE ORDER - 2 Case 2:21-cv-01613-JLR Document 15 Filed 01/10/22 Page 3 of 3 1 Dated this 10th day of January, 2022. 2 A 3 JAMES L. ROBART United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SHOW CAUSE ORDER - 3

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