Rein et al v. Northwest Mortgage Group Inc et al

Filing 35

ORDER granting 32 Plaintiff Bryant's Motion for Leave to Proceed in forma pauperis, signed by Judge Ronald B. Leighton.(DN) Modified on 3/19/2014 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JULIA REIN, et al.,

CASE NO. C14-5125 RBL

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Plaintiffs,
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v.

ORDER GRANTING PLAINTIFFS’
MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS

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NORTHWEST MORTGAGE GROUP,
INC, et al.,

[DKT. # 32]

Defendants.

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THIS MATTER is before the Court on Plaintiff Bryant’s Motion for Leave to Proceed in
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forma pauperis [Dkt. #32].
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A district court may permit indigent litigants to proceed in forma pauperis upon
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completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad
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discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil
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actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th
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Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed
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in forma pauperis at the outset if it appears from the face of the proposed complaint that the
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action is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369
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(9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis
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ORDER GRANTING PLAINTIFFS’ MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS - 1

1 complaint is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v.
2 Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir.
3 1984).
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This case was filed in state court by the plaintiffs, and removed to this court by the

5 defendants [Dkt. #1]. The primary benefit of IFP status is that the plaintiff does not have to pay
6 the filing fee. He also may obtain court assistance in serving his complaint.
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In this case, the filing fee has already been paid, by the Defendants, and Bryant has

8 apparently already served them. Nevertheless, the Bryant appears to be indigent and the Motion
9 to Proceed IFP is GRANTED.
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IT IS SO ORDERED.

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Dated this 19th day of March, 2014.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. # 32] - 2