STRICKLAND et al v. DEUTSCHE BANK TRUST COMPANY AMERICAS

Filing 32

ORDER to dismiss case. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/23/2018. (chc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PATRICIA STRICKLAND and
ANDRA STRICKLAND,
Plaintiffs,
v.
DEUTSCHE BANK TRUST
COMPANY AMERICAS, f/k/a
BANKERS TRUST COMPANY, AS
TRUSTEE FOR RESIDENTIAL ASSET
SECURITIES CORP., HOME EQUITY
MORTGAGE ASSET-BACKED PASSTHROUGH CERTIFICATE SERIES:
2001-KS3; BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP;
WELLS FARGO HOME MORTGAGE
AND ALL JOHN AND JANE DOE :
ENTITIES;
Defendants.
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CIVIL ACTION
No. 5:18-CV-3 (TES)

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ORDER TO DISMISS CASE

Before the Court are pro se Plaintiffs’ Response [Doc. 24] to this Court’s Order
requiring them to show cause why this case this should not be dismissed, as well as
various Motions and letters Plaintiffs have filed, including a Motion to Strike all of the
Pleadings Filed in this Case [Doc. 17]; a Motion for Summary Judgment [Doc. 22]; a
second Motion for Reconsideration [Doc. 23]; two Motions to Disqualify Judge C.
Ashley Royal [Docs. 25 & 27]; a Motion to Dismiss for Lack of Jurisdiction and Access to
a Common Law Court of Record [Doc. 26]; a Motion to Vacate Default Foreclosure

Judgment [Doc. 29]; and two letters regarding a right to subrogation [Docs. 30 & 31].
Because Plaintiffs have failed to show cause, this case is hereby DISMISSED for
Plaintiffs’ failure to state a claim upon which relief may be granted. Plaintiffs’
remaining Motions are DENIED as MOOT. 1
After a hearing, the Court issued its Order [Doc. 18] denying Plaintiffs’ Motion
for Temporary Restraining Order and directing them to show cause why their
Complaint should not be dismissed. The Court recounted the long line of judicial
proceedings initiated by Plaintiffs to forestall the foreclosure and sale of their home as a
result of their default under the Security Deed and Promissory Note over seven years
ago. The Court set forth in detail the reasons why each enumerated claim, as well as
other claims that could be construed from Plaintiffs’ allegations, failed to state any
claim upon which relief may be granted, and allowed Plaintiffs an opportunity to
respond.
Plaintiffs have now filed their response together with various motions and
letters, all of which wholly fail to establish any cognizable claim in this case. Plaintiffs
continue to challenge the validity of the assignments of the Security Deed, but they fail
to show that they have standing to maintain such a challenge or that the evidence
The Court notes Plaintiffs’ two Motions to disqualify Judge C. Ashley Royal are moot, as this case was
recently transferred to the undersigned on March 26, 2018. The Court also finds as MOOT Defendant
Barrett Daffin Frappier Levine and Block LLP’s Motion to Dismiss [Doc. 12], filed before the Court issued
its Order denying Plaintiffs’ Motion for Temporary Restraining Order and Order to Show Cause Why this
Case Should not be Dismissed [Doc. 18].
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showing the assignments were duly recorded in the Butts County, Georgia records—
and thus establishing that Deutsche Bank is the current holder of the Security Deed—is
inaccurate, false, or misleading. Additionally, Plaintiffs’ challenges regarding the
validity of this Court’s authority to adjudicate this case are wholly frivolous. For the
reasons thoroughly set forth in the Court’s prior Order [Doc. 18], this case is hereby
DISMISSED for Plaintiffs’ failure to state a claim upon which relief may be granted. All
pending Motions are DENIED AS MOOT.
SO ORDERED, this 23rd day of May, 2018.

S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT

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