Luna-Carreto v. Select Portfolio Services, Inc et al
| Liliana Luna-Carreto |
| MERS, Inc., US Bank National Assoc., Becky Christensen and Select Portfolio Services, Inc |
| 1:2020cv03772 |
| June 26, 2020 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 11 ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, ) |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is Liliana Luna-Carreto's second application to proceed in forma pauperis #8 . Under 28 U.S.C. 1915(a), the Court is authorized to permit Plaintiff to proceed in forma pauperis if she is unable to pay the mandated filing fee. The statute "is designed to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324 (1989). Plaintiff is eligible to proceed in forma pauperis if paying the filing fee would prevent her from purchasing the necessities of life. Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Courts reviewing complaints under 1915(e)(2) apply the same standard used for dismissals under Rule 12(b)(6). Coleman v. Labor & Indus. Review Comm'n of Wis., 860 F.3d 461, 468 (7th Cir. 2017); Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011). The complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2); see also Ashcroft v. Iqbal, 556 U.S 602, 678 (2009). The statement must "give the defendant 'fair notice of what the... claim is and the grounds upon which it rests.'" E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir. 2007) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, (2007)). Here, Luna Carreto's Amended Complaint #9 suffers from the same problems the Court identified in its previous order #5 . Namely, Luna Carreto describes herself as "a vessel of the United States," "a non-charitable irrevocable trust organized and existing under the laws of the District of Columbia," "a citizen of Illinois for diversity purposes," a domiciliary of "the Kingdom of Heaven," and an ambassador of a foreign state. Her claim in this case ostensibly pertains to a home mortgage, but she again reports that her claim is governed by the "New Covenant, administered by Intervenor in accord with the Ministry of Reconciliation." As the Court previously explained, this Court does not have jurisdiction to adjudicate such a claim. This Complaint does not give the defendants notice of the claims against them and it does not establish a basis for this Court's jurisdiction. The Complaint is dismissed without prejudice and the case is terminated. Mailed notice (lk, ) |
| Filing 9 RECEIVED Claim in interpleader and declaratory relief and no copies by Liliana Luna-Carreto. (Document does not contain case number) (aee, ) |
| Filing 8 APPLICATION by Plaintiff Liliana Luna-Carreto for leave to proceed in forma pauperis. (aee, ) |
| Filing 7 PRO SE Appearance by Plaintiff Liliana Luna-Carreto. (aee, ) |
Filing 6
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket)
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| Filing 5 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is Plaintiff Liliana Luna Carreto's application to proceed in forma pauperis #4 . Under 28 U.S.C. 1915(a), the Court is authorized to permit Plaintiff to proceed in forma pauperis if she is unable to pay the mandated filing fee. The statute "is designed to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324 (1989). Plaintiff is eligible to proceed in forma pauperis if paying the filing fee would prevent her from purchasing the necessities of life. Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Here, Plaintiff's application indicates that she and her spouse are unemployed, have no source of income, have no funds in bank accounts, and have no assets or debts #4 . Exhibit B to her Complaint, however, directly contradicts this, as it shows that she has a home mortgage with an outstanding debt of $286,218.38. (Dkt. #1 at p. 10.) Because her application appears to misstate her financial situation, the Court denies the application to proceed in forma pauperis without prejudice. The Court must also screen Plaintiff's complaint and dismiss the complaint if the Court determines that the action is "frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2). Courts reviewing complaints under 1915(e)(2) apply the same standard used for dismissals under Rule 12(b)(6). Coleman v. Labor & Indus. Review Comm'n of Wis., 860 F.3d 461, 468 (7th Cir. 2017); Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011). The complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2); see also Ashcroft v. Iqbal, 556 U.S 602, 678 (2009). The statement must "give the defendant 'fair notice of what the... claim is and the grounds upon which it rests.'" E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir. 2007) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, (2007)). Here, Plaintiff's Complaint is impossible to parse. For starters, it is difficult to understand whoor whatthe Plaintiff is. Paragraph 11 of the Complaint, for example, explains that Plaintiff is 1) "a vessel of the United States acting as a surety for the United States of America," 2) "a non-charitable irrevocable trust, organized and existing under the laws of the District of Columbia," and 3) "a citizen of Illinois for diversity purposes." The Plaintiff also calls herself an intervenor in this action, and in her capacity as intervenor, she alleges that she "sojourns upon the lands... within the territorial jurisdiction of the Court," but she is "domiciled in the Kingdom of Heaven." (Dkt. #1 at p. 5.) Elsewhere, the Complaint describes a property located in Plainfield, Illinois, and one or more of the defendants appear to be mortgagees of that property. (Dkt. #1 at p. 23.) Plaintiff posits that her claim as intervenor-plaintiff against the mortgagees is governed by something called the "New Covenant" "in accord with the Ministry of Reconciliation." (Dkt. #1 at p. 5.) The Court is unfamiliar with this body of law and lacks jurisdiction to adjudicate claims governed by the New Covenant. This Complaint also fails to give the defendants fair notice of the claims against them or the grounds on which they rest. The Complaint #1 and application to proceed in forma pauperis #4 are dismissed without prejudice. Plaintiff may refile both documents consistent with this Order on or before 7/20/2020. Mailed notice (lk, ) |
| Filing 4 APPLICATION by Plaintiff Liliana Luna-Carreto for leave to proceed in forma pauperis (sxb, ) |
| Filing 3 PRO SE Appearance by Plaintiff Liliana Luna-Carreto (sxb, ) |
| Filing 2 CIVIL Cover Sheet (sxb, ) |
| Filing 1 RECEIVED Complaint and 1 copies by Liliana Luna-Carreto (Exhibits) (sxb, ) |
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