Betty T. Corpuz v. Mr. Cooper

United States District Court for the Eastern District of California

Betty T. Corpuz v. Mr. Cooper

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BETTY T. CORPUZ, Case No. 2:25-cv-02347-TLN-CSK 12 Plaintiff, 13 v. ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S REQUEST TO PROCEED 14 MR. COOPER, IFP, AND REQUIRING PLAINTIFF TO RE- FILE A SIGNED COMPLAINT 15 Defendant. (ECF Nos. 1, 2) 16 17 Plaintiff Betty T. Corpuz is representing herself in this action and seeks leave to 18 proceed in forma pauperis (“IFP”) pursuant to

28 U.S.C. § 1915.1

(ECF No. 2.) For the 19 reasons stated below, the Court DENIES Plaintiff’s request to proceed IFP. 20 I. LEGAL STANDARDS 21 All parties instituting any civil action, suit or proceeding in any district court of the 22 United States, except an application for writ of habeas corpus, must pay a filing fee. See 23

28 U.S.C. § 1914

(a). An action may proceed despite a party's failure to pay the filing fee 24 only if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 25 § 1915(a). See Andrews v. Cervantes,

493 F.3d 1047, 1051

(9th Cir. 2007); Rodriguez v. 26 Cook,

169 F.3d 1176, 1177

(9th Cir. 1999). To qualify to proceed in forma pauperis, the 27 1 This matter proceeds before the undersigned pursuant to

28 U.S.C. § 636

, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 litigant must submit an affidavit that includes a statement of all assets they possess. 2

28 U.S.C. § 1915

(a)(1). The affidavit must also state that the person is unable to pay the 3 fees or give security.

Id.

The affidavit must provide “sufficient details concerning [the 4 applicant’s] income, assets, and expenditures[.]” Williams v. Cnty. of Ventura,

443 F. 5

App’x 232, 233 (9th Cir. 2011) (citing United States v. McQuade,

647 F.2d 938, 940

(9th 6 Cir. 1981) (an affidavit claiming poverty in support of a motion made under 7

28 U.S.C. § 1915

must state the relevant facts “with some particularity, definiteness, and 8 certainty”). 9 II. DISCUSSION 10 A. Plaintiff’s Request to Proceed IFP 11 Plaintiff’s IFP application indicates she receives $9,600 in gross pay or wages and 12 $1,500 in take-home pay or wages. ECF No. 2 ¶ 2. However, Plaintiff does not specify a 13 specific pay frequency as required to determine whether Plaintiff is unable to pay the 14 fees or give security as required pursuant to

28 U.S.C. § 1915

(a)(1). Because of this 15 omission, Plaintiff's IFP application fails to establish that she is entitled to prosecute this 16 case without paying the required fees. Plaintiff will be provided an opportunity to file an 17 amended IFP application. Therefore, Plaintiff’s request to proceed in forma pauperis 18 (ECF No. 2) is DENIED without prejudice to its renewal in proper form. Plaintiff is warned 19 that failure to pay the filing fee or submit a complete IFP application by the prescribed 20 deadline may result in a recommendation that this action be dismissed. 21 B. Unsigned Complaint 22 Additionally, the Complaint is not personally signed by Plaintiff. Compl. at 3. 23 Federal Rule of Civil Procedure 11(a) requires that if a party is not represented by an 24 attorney, "[e]very pleading, written motion, and other paper must be signed" by the party 25 personally. In addition, the "paper must state the signer's address, e-mail address, and 26 telephone number." Fed. R. Civ. P. 11(a); see also E.D. Cal. Local Rule 183(b) (“A party 27 appearing in propria persona shall keep the Court and opposing parties advised as to his 28 or her current address.”). Plaintiff is instructed that while she remains unrepresented, 1 || she must personally sign every pleading, motion, and other paper she submits to the 2 | Court and she must include her address, e-mail address, and telephone number on 3 | every pleading, motion, and other paper she submits to the Court. Within thirty (30) days 4 | from the date of this order, Plaintiff must re-file her entire Complaint with her signature, 5 | and include her address, e-mail address, and telephone number. See Fed. R. Civ. P. 6 | 11(a); see also E.D. Cal. Local Rule 183(b). Plaintiff is warned that failure to timely 7 || submit a signed Complaint may result in a recommendation that this action be 8 | dismissed. 9 | Ill ©CONCLUSION 10 In accordance with the above, IT |S ORDERED that: 11 1. Plaintiff's request to proceed in forma pauperis (ECF No. 2) is DENIED 12 without prejudice; 13 2. Plaintiff must pay the filing fee or file a complete and signed application to 14 proceed IFP within thirty (30) days from the date of this order; and 15 3. Plaintiff must re-file her entire Complaint with her signature and include her 16 address, e-mail address, and telephone number within thirty (30) days from 17 the date of this order. 18 19 | Dated: October 9, 2025 C i s 20 CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 22 || 4, corp2347.25 23 24 25 26 27 28

Reference

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