ENGLISH v. BAC HOME LOANS SERVICING LP

Filing 27

ORDER denying 25 Motion to Reopen Case By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARILYNN ENGLISH,

)
)
Plaintiff,
)
)
V.
)
) 1:15-cv-00345-JDL
BAC HOME LOANS SERVICING, )
LP, n/k/a Bank of America, N.A., )
Successor by Merger to BAC
)
Home Loans Servicing, LP, f/k/a )
Countrywide Home Loans
)
Servicing LP and Does 1-100,
)
)
Defendant.
)
ORDER
Marilynn English has moved to reopen this action in which she sought replevin
and other remedies against her former mortgage lender. Her motion is based on her
discovery that the Civil Docket Sheet incorrectly listed the nature of the suit as being
one for “Real Property Foreclosure.” Her motion rhetorically asks whether the error
made it “possible that the Courts assumed that Plaintiff was trying to get a free house
as most likely they never read Plaintiff’s papers?” ECF No. 25, at 14.
The motion does not explain how an administrative error regarding the
designation of her claim affected the judgment entered in this action, which was
affirmed on appeal by the U.S. Court of Appeals for the First Circuit, see English v.
BAC Home Loans Servicing LP, et al., No. 16-1343 (1st Cir. March 7, 2017). Judges
do not rely on the administrative designation of a claim when deciding the merits of
that claim. My review of the recommended decision and all other orders entered in
this case demonstrates that English’s claim was decided on its merits, and without
regard to the possibly inaccurate administrative designation of the case as one for
“Real Property Foreclosure.”
Accordingly, the Motion to Reopen (ECF No. 25) is DENIED.
SO ORDERED.

Dated: May 15, 2018
/s/ JON D. LEVY
U.S. DISTRICT JUDGE