Pennington-Thurman v. United States of America et al

Filing 7

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Wilma M. Pennington-Thurman motion is GRANTED.IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately.. Signed by District Judge Rodney W. Sippel on 10/28/15. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILMA M. PENNINGTON-THURMAN,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants,

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No. 4:15CV1628 RWS

MEMORANDUM AND ORDER
Plaintiff purports to bring this action, “on behalf of [herself] and other similarly situated,”
under the Emergency Economic Stabilization Act (EESA) in order to interfere with an unlawful
detainer action in state court. This action is legally frivolous, and it is dismissed.
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
An action is legally frivolous if it is meritless on its face.
Plaintiff alleges that she is subject to an unlawful detainer action in state court, Fed.
Home Income Loan Mortgage, Corp. v. Pennington, 1522-AC00946-01. It appears that this
action is related to Bank of America v. Pennington, 1422-CC09976, which she removed to this
Court and which this Court remanded, Bank of America v. Singer, 4:15CV381 RLW. The
allegations in the complaint are vague and conclusory, but it appears she believes that the EESA
prevents the state court from holding proceedings against her.
There is no private cause of action under the EESA, which was “designed to ‘provide
authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability

to the financial system of the United States.’” Chase Home Finance, LLC, 677 F.3d 1113, (11th
Cir. 2012) (quoting 12 U.S.C. § 5201(1)). Therefore, plaintiff’s allegations are legally frivolous.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 28th day of October, 2015.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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