Middleton v. Bank of America, N.A. et al

Filing 9

ORDER denying 8 Motion for District Judge to Reconsider Order. Signed by Judge Andrew P. Gordon on 3/1/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 ERVIN MIDDLETON, 5 Plaintiff, 6 7 v. BANK OF AMERICA, NA., 8 Defendants. Case No. 2:15-cv-01867-APG-NJK ORDER DENYING MOTION FOR RECONSIDERATION (ECF No. 8) 9 Plaintiff Ervin Middleton moves for reconsideration but it appears that Middleton has 10 11 filed this motion in the wrong case. For example, Middleton references an “affiant” but there is 12 no affiant in this case. ECF No. 8 at 3. Middleton also states the court “exceeded its authority in 13 determining that Plaintiff was NOT harmed in BOA exceeding the time allotted for responding by 14 18 days, and altering sworn testimony in doing so.” Id. The court made no such ruling in this 15 case. Neither of the defendants has appeared in this action and thus has not filed any papers, 16 much less one that was 18 days late. Middleton’s complaint was initially dismissed because: (1) venue was improper, (2) 17 18 Middleton lacked standing as he was not the borrower on the loan, and (3) Middleton failed to 19 allege the property at issue was the principal dwelling of the person to whom credit was issued 20 pursuant to 15 U.S.C. § 1635(a). ECF No. 3. He was given until November 30, 2015 to amend. 21 Id. Middleton did not file an amended complaint, so Judge Koppe recommended I dismiss the 22 case without prejudice. ECF No. 5. Middleton did not object, so I dismissed the case without 23 prejudice. ECF No. 6. Middleton’s motion does not offer any basis for reconsideration of the 24 orders actually issued in this case. 25 //// 26 //// 27 28 1 2 3 IT IS THEREFORE ORDERED that plaintiff Ervin Middleton’s motion for reconsideration (ECF No. 8) is DENIED. DATED this 1st day of March, 2017. 4 5 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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