Goldblatt v. Option One Mortgage Corporation et al

Filing 35

ORDER denying 10 11 Plaintiff's motions for injunctive relief. Signed on 8/15/11 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
LAWRENCE GOLDBLATT,
Plaintiff,
v.
MINA HERRON et al.,
Defendants.

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No. 4:10-CV-01183-DGK

DENYING MOTIONS FOR INJUNCTIVE RELIEF
This case is almost identical to another before the Court, Goldblatt v. Herron, No. 4:09CV-0748-DGK.

Both cases arise from pro se Plaintiff Lawrence Goldblatt’s unsuccessful

attempt to refinance the mortgage on his home and avoid foreclosure.
Pending before the Court are Plaintiff’s Motion for Preliminary Injunction Without
Evidentiary Hearing or Oral Argument (doc. 10), and Plaintiff’s Complaint for Preliminary
Restraining Order, and for Temporary and Permanent Injunction (doc. 11). At the time Plaintiff
filed the motions, the foreclosure process was on-going and Plaintiff hoped to stall the
proceedings by seeking an injunction from this Court. The Court declined to issue an injunction
because it had already denied a similar request from Plaintiff. See Goldblatt v. Herron, No.
4:09-CV-0748-DGK (W.D. Mo. Sept. 9, 2010) (order denying motion for expedited injunctive
relief).
Defendants subsequently foreclosed on Plaintiff’s home, a decision this Court lacks the
power to overturn. See, e.g., In re Madera, 586 F.3d 228, 232 (3d Cir. 2009) (holding the
Rooker-Feldman doctrine bars an action which is inextricably intertwined with a state court’s
foreclosure judgment). Because the Court lacks the power to give Plaintiff the injunctive relief
he requests, the motions are DENIED.

IT IS SO ORDERED.
DATE: August 15, 2011

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT

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