Federal Home Loan Mortgage Corporation v. Davis (MAG+)

Filing 61

JUDGMENT directing that, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Glissean Davis Crittenden's 59 objections are overruled; (2) The United States M agistrate Judge's 53 recommendation is adopted; (3) Plaintiff Federal Home Loan Mortgage Corporation's 45 motion for summary judgment is granted; (4) Judgment is entered in favor of plaintiff Federal Home Loan Mortgage Corporation and a gainst defendant Crittenden on plaintiff Federal Home Loan Mortgage Corporation's ejectment claim; (5) It is the declaration of the court that plaintiff Federal Home Loan Mortgage Corporation is to have immediate possession of the property at 43 68 Narrow Lane Road, Montgomery, Alabama 36116; (6) Defendant Crittenden is directed to vacate said property and leave it in "broom swept" condition within 30 days of today's date; (7) It is the declaration of the court that any right of redemption to defendant Crittenden in said property is extinguished; (8) A hearing on the amount of damages to which plaintiff Federal Home Loan Mortgage Corporation is entitled from defendant Crittenden is set for January 30, 2013, at 10:00 a.m., in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama; Defendant Crittenden is to be present and may present evidence and subpoena any witnesses to testify; (9) The magistrate judge is t o arrange for the subpoenaing of any witnesses for defendant Crittenden for said hearing; The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 12/27/12. (Furnished to Calendar/AG) (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

FEDERAL HOME LOAN
MORTGAGE CORPORATION,

)
)
)
Plaintiff,
)
)
v.
)
)
GLISSEAN DAVIS CRITTENDEN, )
)
Defendant.
)

CIVIL ACTION NO.
2:11cv729-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant Glissean Davis Crittenden’s objections
(doc. no. 59) are overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 53) is adopted.
(3) Plaintiff

Federal

Home

Loan

Mortgage

Corporation’s motion for summary judgment (doc.
no. 45) is granted.

(4) Judgment

is

entered

Federal

Home

Loan

against

defendant

Federal

Home

in

favor

Mortgage

of

plaintiff

Corporation

Crittenden

Loan

Mortgage

declaration

of

on

and

plaintiff

Corporation’s

ejectment claim.
(5) It

is

the

the

court

that

plaintiff Federal Home Loan Mortgage Corporation
is to have immediate possession of the property
at 4368 Narrow Lane Road, Montgomery, Alabama
36116.
(6) Defendant Crittenden is directed to vacate said
property and leave it in “broom swept” condition
within 30 days of today’s date.
(7) It is the declaration of the court that any
right of redemption to defendant Crittenden in
said property is extinguished.
(8) A hearing on the amount of damages to which
plaintiff Federal Home Loan Mortgage Corporation
is entitled from defendant Crittenden is set for

2

January 30, 2013, at 10:00 a.m., in the Frank M.
Johnson Jr. United States Courthouse Complex,
Courtroom 2FMJ, One Church Street, Montgomery,
Alabama.

Defendant Crittenden is to be present

and

present

may

evidence

and

subpoena

any

witnesses to testify.
(9) The

magistrate

subpoenaing

of

judge
any

is

to

arrange

witnesses

for

for

the

defendant

Crittenden for said hearing.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 27th day of December, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE