Smith v. Wells Fargo Home Mortgage et al

Filing 28

ORDER denying as moot 27 Motion to Amend/Correct; denying as moot 24 Motion for Default Judgment; denying 25 Motion to Vacate ; denying 26 Motion to Vacate. Signed by District Judge Sharion Aycock on 3/31/2017. (dbm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION FRED SMITH PLAINTIFF V. CIVIL ACTION NO. 3:16-CV-92-SA-SAA WELLS FARGO HOME MORTGAGE, and BRUNINI, GRANTHAM, GROWER & HEWES DEFENDANTS ORDER The Court dismissed this case without prejudice on January 4, 2017. The Plaintiff has since filed several motions: Motion to Enter Default Judgment [24], Motion to Vacate Order Dismissing Case [25]. Motion to Vacate Order Dismissing Case [26], and Motion to Amend Evidence of a Release of Mortgage/Deed of Trust [27]. Contrary to the Plaintiff’s assertions, the Court denied the Plaintiff’s request to proceed in forma pauperis for a variety of reasons, and ordered the Plaintiff to pay the filing fee for his case. See [6, 12]. Because the Plaintiff repeatedly refused to comply with the Court’s orders, the Court dismissed his case without prejudice. The Court also barred the Plaintiff from filing future in forma pauperis cases without prior permission from a district judge. Now, the Plaintiff seeks to have the dismissal of his case set aside but fails to raise any arguments relevant to the reasons his case was dismissed. Finding no grounds to set aside the dismissal of this case, the Plaintiff’s Motions to Vacate [25, 26] are DENIED. Plaintiff’s Motion to Enter Default Judgment [24] is DENIED as MOOT. Plaintiff’s Motion to Amend Evidence [27] is DENIED as MOOT. This the 31st day of March, 2017. /s/ Sharion Aycock U.S. DISTRICT COURT JUDGE

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