Burl v. Embrace Home Loans, Inc. et al

Filing 4

ORDER AND REASONS denying 3 MOTION for a permanent injunction, permanent restraining order, and permanent stay of the sheriff's foreclosure sale. Signed by Judge Lance M Africk on 11/16/2017.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LINIA BURL

CIVIL ACTION

VERSUS

No. 17-12092

EMBRACE HOME LOANS, INC. ET AL.

SECTION I

ORDER & REASONS
Pro se plaintiff Linia Burl (“Burl”) moves the Court for a permanent injunction,
permanent restraining order, and permanent stay of the sheriff’s foreclosure sale of
her home located at 1447 Mithra Street in New Orleans, Louisiana. The AntiInjunction Act provides that “[a] court of the United States may not grant an
injunction to stay proceedings in a State court except [1] as expressly authorized by
Act of Congress, [2] or where necessary in aid of its jurisdiction, or [3] to protect or
effectuate its judgments.” 28 U.S.C. § 2283. “It has been interpreted consistently as
an absolute bar to any federal court action that has the effect of staying a pending
state court proceeding unless that action falls within one of the Act’s three specifically
designated exceptions.” Phillips v. Charles Schreiner Bank, 894 F.2d 127, 131–32
(5th Cir. 1990) (holding that the Anti-Injunction Act precluded the issuance of a
federal injunction staying state court foreclosure proceedings).
The foreclosure proceedings involving Burl’s home remain pending in state
court.1 Injunctive relief from this Court, therefore, cannot issue unless one of the
three exceptions to the Anti-Injunction Act apply. Burl has not demonstrated, and

1

See R. Doc. 1-1, at 1, 29.

the Court cannot surmise from her voluminous filings, how any of those exceptions
entitle Burl to the relief she seeks.
Accordingly,
IT IS ORDERED that the plaintiff’s motion for a permanent injunction,
permanent restraining order, and permanent stay of the sheriff’s foreclosure sale is
DENIED.
New Orleans, Louisiana, November 16, 2017.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2