Beaudette v. Bank of America, N.A., et al
///ORDER granting 14 defendants' motion to dismiss. So Ordered by Judge Steven J. McAuliffe.(lat)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Steven J. Beaudette,
Case No. 11-cv-570-SM
Bank of America Corporation
and Bank of America, N.A.,
NOTICE OF RULING
Document No. 14, Defendants’ Motion to Dismiss
Ruling: Granted. Plaintiff has not objected or otherwise
responded to the motion to dismiss. In addition, it appears that
the removed complaint fails to state a cause of action upon which
relief can be granted. Plaintiff seeks an order enjoining the
defendant bank from foreclosing on his property "until complaint
has gone through the courts." Plaintiff filed two complaints,
each of which was removed to this court. In the related case,
No. 11-cv-569-JD, plaintiff sued the same defendant bank for
intentional infliction of emotional distress, based on the
identical facts alluded to here. Judgment was entered in favor
of the defendant in that case on January 19, 2012. That judgment
precludes litigation in this case of the same issue raised there,
or any issues that could have been litigated in that case. As
there appears to be no cognizable claim asserted by plaintiff in
this case, either legal or factual, the complaint must be
dismissed. So ordered.
Steven J. McAuliffe, United States District Judge
February 7, 2012
Steven J. Beaudette, pro se
Christopher J. Somma, Esq.
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