In re: Estate of Van Putten v. n ( 2014 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-2119
    In Re:   ESTATE OF SHARON VAN PUTTEN; ALLEN VAN PUTTEN,
    Executor of the Estate of Sharon Van Putten; DEBRA VAN
    PUTTEN, Alternate Executor of the Estate of Sharon Van
    Putten,
    Petitioners.
    On Petition for Writ of Mandamus.
    (1:13-cv-01124-CMH-IDD)
    Submitted:   January 28, 2014                Decided:   January 31, 2014
    Before MOTZ, SHEDD, and WYNN, Circuit Judges.
    Petition dismissed by unpublished per curiam opinion.
    Allen Van Putten, Debra Van Putten, Petitioners Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Allen Van Putten and Debra Van Putten, the executor
    and   alternate     executor       of    the    estate     of   Sharon     Van    Putten,
    respectively,       petition       this    court     for    a     writ    of     mandamus
    directing the district court to accept the estate’s complaint,
    grant the estate leave to proceed in forma pauperis (“IFP”), and
    appoint the estate counsel.               The executors have also applied to
    proceed    IFP   in    this      court,    representing         that   the     estate   is
    without funds to pay the filing fee.                        We deny the estate’s
    request to proceed IFP, as “only a natural person may qualify
    for     treatment     in   forma        pauperis    under       [28    U.S.C.]     § 1915
    [(2012)],” Rowland v. Calif. Men’s Colony, 
    506 U.S. 194
    , 196
    (1993), and accordingly dismiss the estate’s petition for a writ
    of mandamus.
    We dispense with oral argument because the facts and
    legal    contentions       are    adequately       presented      in     the   materials
    before    this   court     and    argument      would    not     aid   the     decisional
    process.
    PETITION DISMISSED
    2
    

Document Info

Docket Number: 13-2119

Judges: Motz, Per Curiam, Shedd, Wynn

Filed Date: 1/31/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024