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Christmas v. United States Postal Service

United States District Court, M.D. Louisiana

November 5, 2014

VALDA CHRISTMAS
v.
UNITED STATES POSTAL SERVICE

MAGISTRATE JUDGE'S REPORT

STEPHEN C. RIEDLINGER, Magistrate Judge.

Plaintiff filed a Complaint against the United States Postal Service ("USPS") alleging that on or around March 14, 2013 a postal truck came on his driveway and hit her vehicle. Plaintiff demanded the USPS pay for the damages caused to her vehicle.[1]

Plaintiff's Motion for Leave to Proceed in Forma Pauperis was denied on October 15, 2014 and the plaintiff was allowed 14 days to pay the filing fee.[2] Plaintiff failed to pay the filing fee. Plaintiff filed an Amended Complaint on November 3, 2014, and submitted with it a statement asserting that she is the victim of fraud perpetrated by Chase Bank, Chase Home Loans and her home mortgage exceeds the value of her home. She asserted that this makes her unable to pay the full filing fee and reiterated her request to proceed in forma pauperis.

Plaintiff's response to the Order to pay the filing fee does not provide a valid basis to permit to her proceed in forma pauperis. As the Order recognized, the plaintiff has substantial debts, including her mortgage. Plaintiff's listed debts appear to be long-term debts that would be paid off over the course of several years, and for the mortgage and student loans, over many years. The fact that the value of her home is now less than the mortgage debt does not change the amount of her monthly mortgage payments or the amount owed on the mortgage.

RECOMMENDATION

It is the recommendation of the magistrate judge that the plaintiff's Complaint be dismissed for failure to pay the filing fee, or alternatively grant the plaintiff additional time to pay the filing fee, but not to exceed another 14 days.[3]


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