From Casetext: Smarter Legal Research

Terrell v. PNC Bank, N.A.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 16, 2014
Case No. 14-12794 (E.D. Mich. Dec. 16, 2014)

Opinion

Case No. 14-12794

12-16-2014

MADELYN TERRELL, Plaintiff, v. PNC BANK, N.A., Defendant.


OPINION AND ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT AND FOR STAY OF EXECUTION PENDING DISPOSITION OF MOTION

Pending before the court is a Motion for Relief from Judgment and for Stay of Execution Pending Disposition of Motion, filed by Plaintiff Madelyn Terrell on October 8, 2014 (Dkt. # 13). Having reviewed the briefs, the court concludes a hearing is unnecessary. See E.D. Mich. LR 7.1(f)(2). For the reasons stated below, the court will deny the motion.

Plaintiff brought this action on April 9, 2014 in Washtenaw County Circuit Court alleging that Defendant PNC Bank, N.A. ("PNC") wrongfully commenced foreclosure proceedings on a property located at 1244 Rue Willette Boulevard in Ypsilanti, Michigan (the "Property"). PNC removed the case to this court on July 16, 2014. In the foreclosure proceeding, the 14B Judicial District Court in Ypsilanti issued a Judgment of Possession in favor of PNC on September 2, 2014, ordering Plaintiff to vacate the premises. Plaintiff now moves to stay execution of the Judgment of Possession.

The Anti-Injunction Act ("AIA"), 28 U.S.C. § 2283 bars the relief Plaintiff seeks. The AIA provides that "[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." Id. Plaintiff does not identify an applicable exception to the AIA and the court can find none. The state court judgment is properly challenged in the state court. The motion must be denied. Accordingly,

IT IS ORDERED that Plaintiff's Motion for Relief from Judgment and for Stay of Execution Pending Disposition of Motion (Dkt. # 13) is DENIED.

s/Robert H. Cleland

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE
Dated: December 16, 2014
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, December 16, 2014, by electronic and/or ordinary mail.

s/Lisa Wagner

Case Manpager and Deputy Clerk

(313) 234-5522


Summaries of

Terrell v. PNC Bank, N.A.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 16, 2014
Case No. 14-12794 (E.D. Mich. Dec. 16, 2014)
Case details for

Terrell v. PNC Bank, N.A.

Case Details

Full title:MADELYN TERRELL, Plaintiff, v. PNC BANK, N.A., Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Dec 16, 2014

Citations

Case No. 14-12794 (E.D. Mich. Dec. 16, 2014)