Opinion
CIVIL ACTION No. 17-12092 SECTION I
11-16-2017
LINIA BURL v. EMBRACE HOME LOANS, INC. ET AL.
ORDER & REASONS
Pro se plaintiff Linia Burl ("Burl") moves the Court for a permanent injunction, permanent restraining order, and permanent stay of the sheriff's foreclosure sale of her home located at 1447 Mithra Street in New Orleans, Louisiana. The Anti-Injunction Act provides that "[a] court of the United States may not grant an injunction to stay proceedings in a State court except [1] as expressly authorized by Act of Congress, [2] or where necessary in aid of its jurisdiction, or [3] to protect or effectuate its judgments." 28 U.S.C. § 2283. "It has been interpreted consistently as an absolute bar to any federal court action that has the effect of staying a pending state court proceeding unless that action falls within one of the Act's three specifically designated exceptions." Phillips v. Charles Schreiner Bank, 894 F.2d 127, 131-32 (5th Cir. 1990) (holding that the Anti-Injunction Act precluded the issuance of a federal injunction staying state court foreclosure proceedings).
The foreclosure proceedings involving Burl's home remain pending in state court. Injunctive relief from this Court, therefore, cannot issue unless one of the three exceptions to the Anti-Injunction Act apply. Burl has not demonstrated, and the Court cannot surmise from her voluminous filings, how any of those exceptions entitle Burl to the relief she seeks.
Accordingly,
IT IS ORDERED that the plaintiff's motion for a permanent injunction, permanent restraining order, and permanent stay of the sheriff's foreclosure sale is DENIED.
New Orleans, Louisiana, November 16, 2017.
/s/ _________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
See R. Doc. 1-1, at 1, 29.