United States District Court, W.D. Washington, Tacoma
ORDER ON PLAINTIFF'S MOTION TO PROCEED IN FORMA
PAUPERIS, FOR FREE ACCESS TO PACER, FOR APPOINTMENT OF
COUNSEL AND FOR JURY DEMAND
J. BRYAN UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on the Plaintiff's Motion
to Proceed In Forma Pauperis (“IFP”),
for Free Access to PACER [Public Access to Court Electronic
Records], for Appointment of Counsel, and for Jury Demand.
Dkt. 38. The Court has considered the pleadings filed
regarding the motion and the remaining file.
filed in Kitsap County, Washington, Superior Court, this case
arises from a dispute over a mortgage and deed of trust on
property commonly known as 11700 Carriage Place SE, Olalla,
Washington. Dkt. 1-3. For the reasons provided, the
Plaintiff's various motions should be denied.
case was filed on May 15, 2017 and asserted only state law
claims for quiet title and for violations of Washington's
Consumer Protection Act. RCW 19.86, et. seq.
Meppelink v. Wilmington Savings Fund Society, SSB, et.
al., Kitsap County, Washington Superior Court case
number 17-2-00839-9; filed in this case at Dkt. 13-1, at 1
and 6-17. No. mention of a trial by jury is made in the
original complaint. Id.
May 17, 2019 Order granting the Plaintiff's Motion for
Leave to Amend the Complaint, the Plaintiff was ordered to
“file the amended complaint with the court by June 15,
2019.” Dkt. 14, at 24. On June 11, 2019, the Plaintiff
filed an “Amended Complaint Re: Claims for Wrongful
Foreclosure Violation of Regulation X of [the Real Estate
Settlement Procedures Act (“RESPA”)] (12 U.S.C.
§ 2601, et. seq.) Declaratory Relief and
Damages” in the Kitsap County, Washington Superior
Court. Dkt. 13-3, at 91-204. The Plaintiff did not make a
jury demand in the Amended Complaint. Id.
case was removed to this Court on July 17, 2019. Dkt. 1.
August 8, 2019, Wilmington Saving Fund Society, FSB, d/b/a
Christiana Trust, trustee for Pretium Mortgage Acquisition
Trust (“Wilmington”) and Selene Finance LP
(“Selene”) filed an answer and asserted
counterclaims against the Plaintiff. Dkts. 8 and 9. On
September 2, 2019, the Plaintiff filed an answer to
Wilmington and Selene's counterclaim. Dkt. 16.
October 31, 2019, the Joint Status Report was filed. Dkt. 36.
In this pleading, the Plaintiff “requests a jury trial,
because she believes that the issues are based on matters of
fact and law.” Dkt. 36, at 5. This is the first time
the Plaintiff mentions a jury trial.
Plaintiff now moves (1) to proceed IFP in order to gain free
access to PACER and to receive a waiver of jury fees, (2) for
appointment of counsel, and (3) for a trial by jury. Dkt. 38.
Wilmington and Selene oppose the motion. Dkt. 40. The
Plaintiff filed a reply (Dkt. 41) and the motion is ripe for
MOTION TO PROCEED IFP TO GAIN FREE ACCESS TO PACER
1915(a) provides that: “[a]ny court of the United
States may authorize the commencement . . . of any suit . . .
without prepayment of fees or security therefor, by a person
who submits an affidavit that includes a statement of all
assets” showing that “the person is unable to pay
such fees or give security therefor.” The district
court may permit indigent litigants to proceed in forma
pauperis upon completion of a proper affidavit of
indigency. See 28 U.S.C. § 1915 (a). However,
the court has broad discretion in denying an application to
proceed in forma pauperis. Weller v.
Dickson, 314 F.2d 598 (9th Cir. 1963),
cert. denied 375 U.S. 845 (1963).
September 30, 2019, the Plaintiff filed a Declaration and
Application to Proceed IFP and Written Consent for Payment of
Costs. Dkt. 31. This case was removed and the filing fee was
paid by the removing Defendants. Dkt. 1. The Plaintiff's
application was ...