Marte v. Wilmington Savings Fund Society Residential Credit Opportunities Trust

District Court, E.D. New York

Marte v. Wilmington Savings Fund Society Residential Credit Opportunities Trust

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

LISANDRA MARTE, ORDER Plaintiff, 24-CV-2574 (HG) (LB)

v.

WILMINGTON SAVINGS FUND SOCIETY RESIDENTIAL CREDIT OPPORTUNITIES TRUST and JOHN DOE,

Defendants.

HECTOR GONZALEZ, United States District Judge: Plaintiff Lisandra Marte filed this pro se complaint on April 5, 2024, in connection with a foreclosure on a property Plaintiff owned in Queens County. ECF No. 1 (Complaint). In an Order to Show Cause entered June 6, 2024, the Court found that the Rooker-Feldman Doctrine and res judicata precluded Plaintiff’s claims related to the foreclosure proceeding. EC No. 5 at 6–8 (Order to Show Cause). The Court also found that the complaint failed to state a claim under the Truth in Lending Act, the Real Estate Settlement Procedures Act, or any other federal law. Id. at 8–11. Having provided Plaintiff notice of the reasons it intended to dismiss her claims, the Court gave Plaintiff an opportunity to argue why her case should not be dismissed. Id. at 11–12. The Court warned that if Plaintiff did not file a response by June 27, 2024, the case would be dismissed without “further notice or opportunity to be heard.” Id. at 12. Plaintiff’s time to respond has expired, and she has not filed any response to the Court’s Order to Show Cause. Accordingly, the complaint is dismissed without prejudice for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3) for the reasons explained in the Order to Show Cause. See generally, id. Although Plaintiff paid the filing fee to initiate this action, the Court certifies pursuant to

28 U.S.C. § 1915

(a)(3) that any appeal from this order would not be taken in good faith and, therefore, denies Plaintiff in forma pauperis status for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438

, 444–45 (1962). The Clerk of Court is directed to enter judgment, to

mail a copy of this Order and the Judgment to Plaintiff, and to note the mailing on the docket. SO ORDERED.

/s/ Hector Gonzalez . HECTOR GONZALEZ United States District Judge

Dated: Brooklyn, New York July 10, 2024

Reference

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