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Fenn v. Ocwen Loan Servicing LLC

United States District Court, M.D. Florida, Orlando Division

July 15, 2019

ROBERT FENN and ANDRITA KING, Plaintiffs,
v.
OCWEN LOAN SERVICING LLC, Defendant.

          REPORTAND RECOMMENDATION

          GREGORY J. XELLY, UNITED STATES MAGISTRATE JUDGE

         This cause came on for consideration without oral argument on the following motions:

         MOTION: AMENDED APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Doc. No. 10)

         FILED: June 17, 2019

         THEREON it is RECOMMENDED that the motion be DENIED, and the case be DISMISSED with leave to amend the complaint.

         MOTION: AMENDED APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Doc. No. 11)

         FILED: June 17, 2019

         THEREON it is RECOMMENDED that the motion be DENIED, and the case be DISMISSED with leave to amend the complaint.

         On April 15, 2019, pro se Plaintiffs filed their complaint against Defendant. Doc. No. 1. On the same day, Plaintiffs filed Applications to Proceed in District Court Without Prepaying Fees or Costs (the “Applications”). Doc. Nos. 2, 3. The Applications were stricken for containing a minor's full name. Doc. No. 6. On June 17, 2019, the Plaintiffs filed Amended Applications to Proceed in District Court Without Prepaying Fees or Costs (the “Amended Applications”). Doc. Nos. 10, 11.

         The United States Congress has required that the district court review a civil complaint filed in forma pauperis and dismiss any such complaint that is frivolous, malicious or fails to state a claim. 28 U.S.C. § 1915.[1] The mandatory language of 28 U.S.C. § 1915 applies to all proceedings in forma pauperis. Section 1915 provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that --
(A) the allegation of poverty is untrue; or
(B) the action or appeal ...

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