Jackson v. Chapter 13 Trustee

Filing 10

ORDER denying without prejudice 9 Appellant's Judicial Notice to the extent Appellant requests affirmative relief from the Court. See Order for details. Signed by Judge Marcia Morales Howard on 11/26/2024.(DB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DEION NATHANIEL JACKSON,
Appellant,
v.

Case No. 3:24-cv-00737-MMH

CHAPTER 13 TRUSTEE,
Appellee.

ORDER
THIS CAUSE is before the Court on Appellant’s Judicial Notice (Doc. 9)
filed on November 14, 2024. In the Judicial Notice, Plaintiff challenges the
presence of Appellee’s attorney, Mr. John J. Freeman, Jr., in this case and
requests a $10 million sanction against Appellee. Doc. 9 at 1-2, Judicial Notice.
Further, Appellant requests that the Court “null and void all of the Chapter 13
bankruptcy proceedings, within the bankruptcy court.” Id. The request is due
to be denied for failure to comply with the Federal Rules of Bankruptcy
Procedure.

Rule 8013(a)(2)(A) provides that “[a] motion must state with

particularity the grounds for the motion, the relief sought, and the legal
argument necessary to support it.” Fed. R. Bankr. P. 8013(a)(2)(A). The Judicial
Notice requests affirmative relief from the Court but provides no legal argument

to support granting such relief. Thus, the Court will not entertain Appellant’s
requests at this time. Appellant is advised that, if he wishes to pursue relief,
he is required to file an appropriate motion in accordance with the Federal Rules
of Bankruptcy Procedure.
Accordingly, it is
ORDERED:
To the extent Appellant requests affirmative relief from the Court in the
Judicial Notice (Doc. 9) such request is DENIED without prejudice.
DONE AND ORDERED in Jacksonville, Florida, this 26th day of
November, 2024.

Lc34
Copies to:
Pro Se Party
Counsel of Record

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