Williams v. Bank of Nova Scotia
Williams v. Bank of Nova Scotia
Opinion of the Court
MEMORANDUM OPINION WITH ORDER ATTACHED
This matter is before the court on motion of defendant to dismiss the complaint for failure to state a cause of action. Fed. R. Civ. P. 12(b)(6). Such a motion is untimely in that an answer has already been filed. The court will consider the motion as one for judgment on the pleadings. Fed. R. Civ. P. 12(c) and 12(h)(2).
Plaintiffs have filed this action pro se. In such cases the court must take special care to construe the pleadings broadly so as to do “substantial justice.” Fed. R. Civ. P. 8(f). Giving the plaintiffs the benefit of every doubt, however, the court is unable to discern a Colorable claim for relief. The gravamen of the complaint appears to be that defendant advertised for sale in execution’ of a lawful judgment certain real property then belonging to plaintiff. Having carefully reviewed the file in such previous judgment, and being fully advised of the proceedings therein, the court must conclude that plaintiffs have failed to state a claim for which relief can be granted.
Plaintiff Dina Williams’ place in this litigation is unfathomable. She was neither a party to the litigation which resulted in the underlying judgment nor, from the record, an owner of the property advertised for sale by the Marshal. Neither does she seek any relief.
Plaintiff Donald Williams is no stranger to this Court. In the past he has filed numerous pro se actions, reaching new heights in
ORDER
In accordance with the memorandum opinion of even date it is hereby
ORDERED THAT:
(1) Judgment be, and is hereby, ENTERED in favor of defendant and against plaintiffs; and
(2) The parties shall bear their own costs.
Reference
- Full Case Name
- DONALD A. WILLIAMS v. BANK OF NOVA SCOTIA
- Cited By
- 3 cases
- Status
- Published