Opinion
8:24-cv-1486-MSS-CPT
06-20-2024
MICHELE K. GRANT, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, Defendant.
ORDER
MARY S. SCRIVEN, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court for consideration of Plaintiff's Motion for Emergency Stay. (Dkt. 4) Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court DENIES the Motion, as described herein.
On June 20, 2024, Plaintiff filed the Complaint, alleging Defendant committed fraud in its procurement of a mortgage. (Dkt. 1 at 2) Plaintiff requests the Court declare the mortgage invalid and stay all state court proceedings related to the foreclosure of the underlying property. (Id. at 3)
The Court lacks jurisdiction to hear this case. Federal courts are courts of limited jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal district courts have original jurisdiction over “civil actions arising under the Constitution, law, or treaties of the United States,” and civil actions between citizens of different states where the matter in controversy exceeds $75,000. 28 U.S.C. §§ 1331-1332.
The Complaint provides no basis for the Court's subject matter jurisdiction. The Complaint contains no questions of federal law, and “no federal statute grants federal jurisdiction over state foreclosure claims.” Accredited Home Lenders, Inc. v. Santos, No. 10-cv-1562, 2010 WL 4612352, at *2 (M.D. Fla. Nov. 16, 2010). Additionally, Plaintiff alleges no facts to support a finding of diversity jurisdiction. Indeed, Plaintiff alleges Defendant resides in Florida, (id. at 2), and it is clear from the factual allegations that Plaintiff resides in Florida as well. (Id.) The Plaintiff does not allege the citizenship of either party; therefore, she does not invoke the Court's diversity jurisdiction over this dispute.
Moreover, federal courts generally may not enjoin or stay state court proceedings. 28 U.S.C. § 2283 (“A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.”).
Accordingly, it is ORDERED:
1. Plaintiff's Motion for Emergency Stay, (Dkt. 4), is DENIED.
2. The Complaint is DISMISSED for lack of subject matter jurisdiction.
3. The Clerk is DIRECTED to terminate any pending motions and deadlines and CLOSE this case.
DONE and ORDERED.