Smith v. Wells Fargo Bank, National Association et al (MAG+)

Filing 31

ORDERED as follows: 1) The 30 objection filed by Plf Alex Smith, Jr., is OVERRULED; 2) The 29 Recommendation of the Magistrate Judge is ADOPTED; 3) Plf's 1 motion for preliminary injunction is DENIED for lack of jurisdiction under Rooke r-Feldman and for Plf's failure to establish the requisite elements of a preliminary injunction; and 4) This case is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 6/30/2017. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ALEX SMITH, JR.,
Plaintiff,
v.
WELLS FARGO BANK, N.A., et
al.,
Defendants.

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CASE NO. 2:17-CV-94-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge (Doc. # 29),
to which Plaintiff Alex Smith, Jr., has filed objections (Doc. # 30). The court has
conducted an independent and de novo review of those portions of the
Recommendation to which objection is made. See 28 U.S.C. § 636(b).
In the Recommendation, the Magistrate Judge determined that the RookerFeldman doctrine barred Mr. Smith’s requested relief, and alternatively that Mr.
Smith failed to establish the requisite elements for an injunction to issue. Mr. Smith
objects to both of these findings. These objections are without a basis in fact or in
law, and are due to be overruled.
Accordingly, it is ORDERED as follows:

1.

The objection filed by Plaintiff Alex Smith, Jr. (Doc. # 30), is

OVERRULED;
2.

The Recommendation of the Magistrate Judge (Doc. # 29) is

ADOPTED;
3.

Plaintiff’s motion for preliminary injunction (Doc. # 1) is DENIED for

lack of jurisdiction under Rooker-Feldman and for Plaintiff’s failure to establish the
requisite elements of a preliminary injunction; and
4.

This case is REFERRED back to the Magistrate Judge for further

proceedings.
DONE this 30th day of June, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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