Smith v. Wells Fargo Bank, N.A. et al
MEMORANDUM OPINION & ORDER, 1) granting 2 MOTION for Leave to Proceed in forma pauperis and payment of filing and administrative fees is WAIVED 2) Complaint is DISMISSED WITHOUT PREJUDICE on abstention grounds 3) action is STRICKEN from Court's docket.. Signed by Judge Henry R. Wilhoit, Jr on 2/14/18.(SMT)cc: COR, Smith via USMail
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION at ASHLAND
Civil No. 0:18-019-HRW
SPECIALIZED LOAN SERVICING,
LLC, ET AL.,
*** *** *** ***
Karen Smith is a resident of Grayson, Kentucky.
Proceeding without a
lawyer, Smith filed a complaint with this Court asserting claims against various
defendants. [D. E. No. 1]. Smith also filed a motion to proceed informa pauperis.
[D. E. No. 2].
As an initial matter, the Court will grant Smith's fee motion and waive
payment of the filing and administrative fees in this case. That is because the
information contained in Smith's motion indicates that she lacks sufficient assets or
income to pay the $350.00 filing fee. Since the Court is granting Smith pauper
status, it will also waive payment of the $50.00 administrative fee. See District Court
Miscellaneous Fee Schedule, § 14.
The Court has also conducted an initial review of Smith's complaint pursuant
to 28 U.S.C. § 1915(e)(2). While Smith's complaint is lengthy and difficult to
follow, she is clearly challenging the foreclosure proceedings related to a piece of
real property in Grayson, Kentucky. That said, as Smith appears to acknowledge,
there is also an ongoing state court case regarding this same matter. See Specialized
Loan Servicing LLC v. Karen Smith, No. 14-CI-00292 (2014 ). In fact, according to
the state court's publically available docket sheet, Smith's case remains pending in
Greenup County Circuit Court, and her case is set to be heard on February 22, 2018.
See id. The docket sheet then specifically indicates that Smith may submit her
objections to the sale of her property at that time. See id.
In light of the ongoing state court proceedings regarding this same matter, the
Court will abstain from ruling on Smith's complaint and, instead, it will dismiss this
action without prejudice. See, e.g., Doscher v. Menifee Circuit Court, 75 F. App'x
996, 997 (6th Cir. 2003) (stating that the district court properly abstained from ruling
on the pro se plaintiffs complaint regarding foreclosure proceedings because there
was a foreclosure action pending in state court and the plaintiff had an adequate
opportunity to raise his challenges to those proceedings); Daniel Essek v. Vanderbilt
Mortgage, Inc., No. 6:10-cv-333-GFVT (E.D. Ky. 2011) (the same).
Accordingly, it is hereby ORDERED as follows:
1. Smith's motion to proceed informa pauperis [D. E. No. 2] is GRANTED
and payment of the filing and administrative fees is WAIVED.
2. Smith's complaint [D. E. No. 1] is DISMISSED WITHOUT PREJUDICE
on abstention grounds.
3. This action is STRICKEN from the Court's docket.
This 14th day of February, 2018.
Hena. R. Wilhoit. Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?