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James v. Guaranteed Rate, Inc.

United States District Court, S.D. Ohio, Western Division
Apr 6, 2009
Case No. 1:09-cv-38 (S.D. Ohio Apr. 6, 2009)

Summary

finding defendant cannot remove foreclosure action from state court when party argued the mortgagee lacked a legal interest in the property and violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692

Summary of this case from Citigroup Global Markets Realty Corp. v. Brown

Opinion

Case No. 1:09-cv-38.

April 6, 2009


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed March 16, 2009 (Doc. 15).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's amended complaint is sua sponte DISMISSED for lack of jurisdiction. Defendant's motions to dismiss are DENIED as MOOT. Plaintiff's "motion for emergence (sic) expediated (sic) stay pending motion order granting plaintiff motion for permanent injunction" is DENIED.

This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).

This action is closed.


Summaries of

James v. Guaranteed Rate, Inc.

United States District Court, S.D. Ohio, Western Division
Apr 6, 2009
Case No. 1:09-cv-38 (S.D. Ohio Apr. 6, 2009)

finding defendant cannot remove foreclosure action from state court when party argued the mortgagee lacked a legal interest in the property and violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692

Summary of this case from Citigroup Global Markets Realty Corp. v. Brown
Case details for

James v. Guaranteed Rate, Inc.

Case Details

Full title:Caesarea D. James, Jr., Plaintiff v. Guaranteed Rate, Inc., Defendant

Court:United States District Court, S.D. Ohio, Western Division

Date published: Apr 6, 2009

Citations

Case No. 1:09-cv-38 (S.D. Ohio Apr. 6, 2009)

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