Morris v. Equi First Corporation et al

Filing 17

ORDER: For the reasons expressed in the accompanying Memorandum, the plaintiff's objections to Magistrate Judge Griffin's Report and Recommendation (Docket No. 11 ) are OVERRULED. The Report and Recommendation is ACCEPTED and made the find ings of fact and conclusions of law of this court. For the reasons expressed therein and herein, it is hereby ORDERED that Equi First Corporation and Mortgage Electronic Registration System, Inc. are DISMISSED WITH PREJUDICE from this case pursuant t o 28 U.S.C. § 1915(e). It is further ORDERED that process shall issue as to the remaining defendants, as the plaintiff's claims under the Fair Debt Collection Practices Act shall be allowed to go forward. It is hereby ORDERED that, by March 18, 2010, the plaintiff shall file a copy of written notice provided by him to the Chapter 13 Trustee of his pursuit of this case, so that the Chapter 13 Trustee make take whatever action he feels appropriate. Signed by District Judge Aleta A. Trauger on 3/9/10. (cc: Pltf by reg and cert mail)(km)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JIMMY MARCELL MORRIS Plaintiff, v. EQUI FIRST CORPORATION, GMAC MORTGAGE, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., MCCURDY & CANDLER, LLC ANTHONY DEMARIO, and PATRICK TAGGART Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER For the reasons expressed in the accompanying Memorandum, the plaintiff's objections to Magistrate Judge Griffin's Report and Recommendation (Docket No. 11) are OVERRULED. The Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein and herein, it is hereby ORDERED that Equi First Corporation and Mortgage Electronic Registration System, Inc. are DISMISSED WITH PREJUDICE from this case pursuant to 28 U.S.C. § 1915(e). It is further ORDERED that process shall issue as to the remaining defendants, as the plaintiff's claims under the Fair Debt Collection Practices Act shall be allowed to go forward. Any appeal of this Order taken by the plaintiff would not be in good faith under 28 U.S.C. § 1915(a)(3). If the plaintiff remains in a Chapter 13 bankruptcy, the proper plaintiff is the Chapter 13 Trustee, not the plaintiff, and any recovery will be designated as an asset of his Chapter 13 Plan.

Case No.: 3:09-CV-1086 Judge Trauger

It is hereby ORDERED that, by March 18, 2010, the plaintiff shall file a copy of written notice provided by him to the Chapter 13 Trustee of his pursuit of this case, so that the Chapter 13 Trustee make take whatever action he feels appropriate. The plaintiff is FOREWARNED that his failure to timely file this written notification with the court may constitute grounds for dismissal of this case for failure to comply with court orders and the Bankruptcy Code. Entered this 9th day of March 2010.

_______________________________ ALETA A. TRAUGER United States District Judge