Edgar Daniel Cuate Urzua v. Capital One Bank, N.A.
- John Docherty
- 0:26-cv-02396
- U.S. District Court · District of Minnesota
- 2
In Edgar Daniel Cuate Urzua v. Capital One Bank, Judge Docherty denied the fee-waiver request without prejudice, giving Cuate Urzua 21 days to pay or reapply.
Plaintiff Edgar Daniel Cuate Urzua must either pay the filing fee or submit a new application within 21 days; otherwise, the court will recommend dismissing the action for failure to prosecute.
What happened
In Edgar Daniel Cuate Urzua v. Capital One Bank (USA), N.A., Edgar Daniel Cuate Urzua asked to proceed without paying the court’s filing fee upfront.
The court found that his application reported take-home pay of $1,000 per week and no dependents. Based on that information, it could not conclude that paying the filing fee would cause serious hardship or deprive him of necessities.
Judge John F. Docherty denied the application without prejudice. Cuate Urzua has 21 days from the order’s date either to pay the filing fee or submit a new application. Otherwise, the court will recommend dismissing the case for failure to prosecute.
The detailed version
- Edgar Daniel Cuate Urzua v. Capital One Bank, N.A. · No. 0:26-cv-02396
- John F. Docherty
- May 1, 2026
Background
Plaintiff Edgar Daniel Cuate Urzua applied to proceed in the District of Minnesota without prepaying fees or costs. The court considered whether he could afford the filing fee without undue hardship or deprivation of life’s necessities.
Court’s Analysis
The application stated that Cuate Urzua had take-home pay of $1,000 per week, or more than $4,000 per month, and no dependents. On that record, the court could not conclude that paying the filing fee would cause undue hardship or deprive him of necessities.
Ruling
The court denied the application without prejudice. This means Cuate Urzua may submit a new application if additional information could change the court’s analysis. The order requires him, within 21 days of the order’s date, either to pay the filing fee or submit a new application to proceed without prepaying fees or costs. If neither occurs, the court will recommend dismissing the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.