ATLAN AMEXEM GOVERNMENT TRUST FREE HOLDER FOR THE EMPEROR/KINGS ESTATE & HEIRS v. SLOAN et al
Filing
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ORDER granting 10 Motion to Dismiss with prejudice as to defendants Sloan and Wells Fargo. Signed by Judge William J. Martini on 6/17/14. (gh, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ATLAN AMEXEM GOVERNMENT TRUST
FREE HOLDER FOR THE
EMPEROR/KINGS ESTATE & HEIRS,
Civ. No. 2:14-01437 (WJM)
ORDER
Plaintiffs,
v.
TIM SLOAN d/b/a/ WELLS FARGO HOME
MORTGAGE AND LEONARD B. ZUCKER
d/b/a ZUCKER GOLDBERG &
ACKERMAN, LLC,
Defendants.
On March 7, 2014, pro se Plaintiff Atlan Amexem Government Trust Free Holder
for the Emperor/Kings Estate & Heirs filed a Complaint against Tim Sloan d/b/a Wells
Fargo Home Mortgage and Leonard B. Zucker d/b/a/ Zucker Goldberg & Ackermann,
LLC. ECF No. 1. Defendant Tim Sloan acknowledged service on March 26, 2014. ECF
No. 4. It appears that Defendant Leonard B. Zucker has yet to be served.
On April 30, 2014, Sloan and Wells Fargo Home Mortgage, Inc. (“Wells Fargo”)
(incorrectly identified in the Complaint as “Tim Sloan /d/b/a Wells Fargo Home
Mortgage”) moved without opposition to dismiss the Complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6).
Exhibit B to the Complaint is a letter informing non-party Dieufrance Exume that
the mortgage on her property was in default and that her property would likely be
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transferred to Wells Fargo. As best the Court can tell, Plaintiff challenges the foreclosure
and/or the transfer on the ground that Plaintiff’s status as a “self-governing Indigenous
Aboriginal Nation” exempts it from complying with American law. This argument is a
non-starter. As such, amendment would be futile. Grayson v. Mayview State Hasp., 293
F.3d 103, 108 (3d Cir. 2002) (leave to amend should not be granted where amendment
would be futile).
For the above stated reasons; and for good cause shown;
IT IS on this 17th day of June 2014, hereby,
ORDERED that Sloan and Wells Fargo’s motion is GRANTED; and it is further
ORDERED that the Complaint is DISMISSED WITH PREJUDICE against
Sloan and Wells Fargo.
/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.
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