BROWN v. CHASE AUTO - JPMORGAN CHASE BANK et al
| LAKEISHA S. BROWN |
| CHASE AUTO - JPMORGAN CHASE BANK and ADVANCED FINANICAL SERVICE |
| 2:2023cv01473 |
| April 17, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| Other Statutes: Banks and Banking |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
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| Document Text |
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| DOC. NOS. #6 AND #7 ALONG WITH COMPLAINT FORMS MAILED TO PRO SE ON 5/16/23. (amas) |
Filing 7
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915; THE COMPLAINT IS DEEMED FILED; THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR THE REASONS IN THE COURTS MEMORANDUM; BROWN MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. ANY AMENDED COMPLAINT MUST IDENTIFY ALL DEFENDANTS IN THE CAPTION OF THE AMENDED COMPLAINT IN ADDITION TO IDENTIFYING THEM IN THE BODY OF THE AMENDED COMPLAINT AND SHALL STATE THE BASIS FOR BROWNS CLAIMS AGAINST EACH DEFENDANT. THE AMENDED COMPLAINT SHALL BE A COMPLETE DOCUMENT THAT DOES NOT RELY ON THE INITIAL COMPLAINT OR OTHER PAPERS FILED IN THIS CASE TO STATE A CLAIM. WHEN DRAFTING HER AMENDED COMPLAINT, BROWN SHOULD BE MINDFUL OF THE COURTS REASONS FOR DISMISSING THE CLAIMS IN HER INITIAL COMPLAINT AS EXPLAINED IN THE COURTS MEMORANDUM. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT AND THE CLERK OF COURT IS DIRECTED TO SEND BROWN A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A SELF-REPRESENTED LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. BROWN MAY USE THIS FORM TO FILE HER AMENDED COMPLAINT IF SHE CHOOSES TO DO SO. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/15/23. 5/15/23 ENTERED AND COPIES E-MAILED. (jaa, )
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| Filing 6 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/15/23. 5/15/23 ENTERED AND COPIES E-MAILED.(jaa, ) |
| Filing 5 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS filed by LAKEISHA S. BROWN.(jaa, ) |
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Filing 4
ORDER THAT BROWNS MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE FOR LACK OF SUFFICIENT FINANCIAL INFORMATION TO ALLOW THE COURT TO DETERMINE WHETHER SHE HAS THE MEANS TO PAY THE FEES TO COMMENCE THIS CASE. IN DETERMINING WHETHER A PLAINTIFF IS ELIGIBLE TO PROCEED IN FORMA PAUPERIS, THE COURT MUST ASSESS THE PLAINTIFFS FINANCIAL STATUS. SEE DEUTSCH V. UNITED STATES, 67 F.3D 1080, 1084 N.5 (3D CIR. 1995). WHEN EXERCISING ITS DISCRETION TO APPROVE OR DENY A MOTION TO PROCEED IFP, A DISTRICT COURT MUST BE RIGOROUS... TO ENSURE THAT THE TREASURY IS NOT UNDULY IMPOSED UPON. IN RE MOCK, 252 F. APPX 522, 523 (3D CIR. 2007) (PER CURIAM) (QUOTING WALKER V. PEOPLE EXPRESS AIRLINES, INC., 886 F.2D 598, 601 (3D CIR. 1989) (ALTERATION IN ORIGINAL)). ACCORDINGLY, IT IS APPROPRIATE FOR A DISTRICT COURT TO SEEK ADDITIONAL INFORMATION ABOUT A PLAINTIFFS FINANCIAL STATUS WHEN QUESTIONS ARE RAISED BY HER IN FORMA PAUPERIS APPLICATION. ASSAAD-FALTAS V. UNIV. OF S.C., 971 F. SUPP. 985, 987 (D.S.C. 1997) ([T]HE COURT MAY INQUIRE INTO [A PLAINTIFFS] ALLEGATIONS AND DEMAND MORE SPECIFIC INFORMATION IF NECESSARY FOR A PROPER ASSESSMENT OF THE MOVANTS FINANCIAL STATUS. (QUOTING MONTI V. MCKEON, 600 F. SUPP. 112, 113 (D. CONN. 1984))). BROWNS FINANCIAL CIRCUMSTANCES ARE UNCLEAR FROM HER MOTION. BROWN LISTS HER MONTHLY INCOME AMOUNT DURING THE PAST 12 MONTHS AS 0, BUT LISTS DATES OF EMPLOYMENT WITH LYFT FOR THE PERIOD BETWEEN JUNE 2016 AND JANUARY 2023. (ECF NO. 1 AT 2.) BROWN ALSO IDENTIFIES HER SON AS A PERSON WHO RELIES ON HER FOR SUPPORT. (ID. AT 3.) SHE DOES NOT PROVIDE ANY INFORMATION ABOUT HOW SHE SUPPORTS HERSELF AND HER SON. ABSENT A CLEARER UNDERSTANDING OF BROWNS CURRENT FINANCIAL SITUATION, THE COURT CANNOT CONCLUDE AT THIS POINT THAT SHE QUALIFIES FOR IN FORMA PAUPERIS STATUS. 2. THE CLERK OF COURT SHALL SEND BROWN AN APPROPRIATE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE.1 3. IF BROWN SEEKS TO PROCEED IN FORMA PAUPERIS, SHE SHALL WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, COMPLETE THE FORM IN A MANNER THAT MAKES CLEAR TO THE COURT HOW SHE IS SUPPORTING HERSELF AND THAT CLARIFIES THE ISSUES NOTED ABOVE. IF BROWN IS BEING SUPPORTED BY OTHERS, SHE MAY INDICATE THAT FACT IN THE MOTION. ALTERNATIVELY, BROWN MAY PROCEED WITH THIS CASE BY PAYING $402 (COMPRISING THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 4. IF BROWN FAILS TO COMPLY WITH THIS ORDER, HER CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/1/23.5/1/23 ENTERED AND COPIES E-MAILED WITH FORM.(jaa, )
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| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 2 COMPLAINT against ADVANCED FINANICAL SERVICE, CHASE AUTO - JPMORGAN CHASE BANK, filed by LAKEISHA S. BROWN. *IFP PENDING. (jaa, ) |
| Filing 1 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by LAKEISHA S. BROWN.(jaa, ) |
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