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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ERVIN MIDDLETON,

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Plaintiff,

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v.
BANK OF AMERICA, NA.,

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Defendants.

Case No. 2:15-cv-01867-APG-NJK
ORDER DENYING MOTION FOR
RECONSIDERATION
(ECF No. 8)

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Plaintiff Ervin Middleton moves for reconsideration but it appears that Middleton has

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filed this motion in the wrong case. For example, Middleton references an “affiant” but there is

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no affiant in this case. ECF No. 8 at 3. Middleton also states the court “exceeded its authority in

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determining that Plaintiff was NOT harmed in BOA exceeding the time allotted for responding by

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18 days, and altering sworn testimony in doing so.” Id. The court made no such ruling in this

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case. Neither of the defendants has appeared in this action and thus has not filed any papers,

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much less one that was 18 days late.
Middleton’s complaint was initially dismissed because: (1) venue was improper, (2)

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Middleton lacked standing as he was not the borrower on the loan, and (3) Middleton failed to

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allege the property at issue was the principal dwelling of the person to whom credit was issued

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pursuant to 15 U.S.C. § 1635(a). ECF No. 3. He was given until November 30, 2015 to amend.

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Id. Middleton did not file an amended complaint, so Judge Koppe recommended I dismiss the

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case without prejudice. ECF No. 5. Middleton did not object, so I dismissed the case without

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prejudice. ECF No. 6. Middleton’s motion does not offer any basis for reconsideration of the

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orders actually issued in this case.

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IT IS THEREFORE ORDERED that plaintiff Ervin Middleton’s motion for
reconsideration (ECF No. 8) is DENIED.
DATED this 1st day of March, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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