Cytron v. PHH Mortgage Corporation et al

Filing 47

ORDER denying Plaintiff's 45 Ex Parte Motion. (See document for further details). Signed by Judge David G Campbell on 1/5/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Adam C. Cytron,
Plaintiff,

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ORDER

v.

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No. CV-16-02441-PHX-DGC

PHH Mortgage Corporation, USAA Federal
Savings Bank, Jason P Sherman, Kari
Sheehan, and Daniel C Schmidt,

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Defendants.

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Plaintiff Adam C. Cytron has filed an ex parte motion asking the Court to relieve

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him of a forcible entry and detained judgment entered in Pinal County Superior Court.

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Doc. 45. Plaintiff argues that he was not properly served in the state action, and that the

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state court therefore lacked authority to enter judgment against him. He also makes other

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allegations regarding the manner in which the plaintiff’s attorney and the judge behaved

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in the state case. Id. For several reasons, the motion will be denied.

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First, Plaintiff states that Pinal County Superior Court “is the Defendant” for

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purposes of his motion, but that court is not a defendant in this case. Other than Plaintiff,

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the parties in the state court action are not parties here, and the Court has no jurisdiction

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over them.

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Second, the motion is based on Rule 60 of the Federal Rules of Civil Procedure.
Id. at 1. Rule 60, however, concerns judgments entered in this Court, not in other courts.

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Third, even if the Court did have jurisdiction over the party Plaintiff seeks to

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enjoin, and did have a legal basis for acting, federal courts normally cannot interfere with

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state court proceedings.

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4759230, at *1 (E.D. Wis. Oct. 4, 2012) (Anti-injunction Act bars federal court from

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stopping state court eviction proceeding).

See Lizalek v. Milwaukee Cty., No. 12-C-1005, 2012 WL

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IT IS ORDERED that Plaintiffs’ ex parte motion (Doc. 45) is denied.

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Dated this 5th day of January, 2017.

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