Jones v. Wells Fargo Bank NA et al

Filing 15

OPINION AND ORDER: The Court DENIES 14 as the Plaintiff's Complaint was dismissed for lack of subject matter jurisdiction and no basis exists to reopen her case. Signed by Chief Judge Theresa L Springmann on 9/25/2018. (Copy mailed to pro se party)(lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JOY JONES,

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Plaintiff,
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v.
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WELLS FARGO BANK, N.A., and JOHN )
DOE, et al.,
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Defendants.
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Cause No. 1:18-CV-125-TLS

OPINION AND ORDER
This matter is before the Court on the Plaintiff’s Motion for an Emergency Stay to
Review State Court Proceedings for a Just Adjudication of a Federal Complaint [ECF No. 14].
The Motion was filed on September 25, 2018---the same day that this Court dismissed her
complaint for lack of subject matter jurisdiction. (Op. and Order Dismissing Pl.’s Second Am.
Compl., ECF No. 12). This Court still lacks jurisdiction to consider the Plaintiff’s Motion.
A federal district court must dismiss a complaint if the complaint does not state a basis
for federal jurisdiction, or the alleged jurisdictional basis is made solely for the purpose of
obtaining jurisdiction or is wholly insubstantial and frivolous. Bell v. Hood, 327 U.S. 678, 68182 (1946); Smith v. Am. Gen. Life and Ins. Co., 337 F.3d 888, 895 (7th Cir. 2003). This Court
dismissed the Plaintiff’s complaint for lack of subject matter jurisdiction in accordance with the
Rooker-Feldman doctrine (Op. and Order Dismissing Pl.’s Second Am. Compl.). The Plaintiff
now seeks an emergency order for a stay of proceedings in state court, without addressing the
Court’s lack of jurisdiction that resulted in the dismissal of her complaint. The Plaintiff merely
alleges the same claims and facts as she did in her Second Amended Complaint, without

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providing a basis for the Court’s jurisdiction. Accordingly, this Court lacks jurisdiction to
consider her Motion and finds no basis to reopen her case.

CONCLUSION
For the reasons set forth above, the Plaintiff’s Motion for an Emergency Stay [ECF No.
14] is DENIED as the Plaintiff’s Complaint was dismissed for lack of subject matter jurisdiction
and no basis exists to reopen her case.
SO ORDERED on September 28, 2018.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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