Beaudette v. Bank of America, N.A., et al

Filing 23

ORDER denying 22 Response / Objection. The complaint fails to state a claim on which relief may be granted. So Ordered by Judge Steven J. McAuliffe.(vln)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Steven J. Beaudette v. Civil No. 11-cv-570-SM Bank of America, N.A. NOTICE OF RULING Re: Document No. 22, Response / Objection and Clarification Ruling: Construed as a motion to reconsider, which is denied. Removal was timely (the time for removal is computed in whole days, not days and hours and minutes, etc.); the related case before Judge DiClerico, which was resolved in favor of the same defendant and which raised issues nearly identical to those raised in this case, precludes recovery by plaintiff in this case. Plaintiff seems to assert, in conclusory fashion, that he did not receive a copy of defendant's motion to dismiss, and, as a result has filed a late objection. Even considering that objection, which the court has considered, the result is the same. The complaint fails to state a claim on which relief may be granted. /s/ Steven J. McAuliffe Steven J. McAuliffe United States District Court Judge Date: March 1, 2012 cc: Steven J. Beaudette Christopher J. Somma, Esq.