Dixon v. Nationstar Mortgage et al

Filing 22

MEMORANDUM OPINION re Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 11/7/18. Copy sent to pro se plaintiff by Chambers.(klau, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

MERRICKL.DIXON,
Plaintiff,

l:18-cv-00666(LMB/MSN)

V.

NATIONSTAR MORTGAGE,etal.
Defendants.

MEMORANDUM OPINION

Before the Court is defendants' Nationstar Mortgage ("Nationstar") and Mortgage
Electronic Registration Systems, Inc.("MERS")Motion to Dismiss[Dkt. No. 17] in which they

argue that plaintiffs Complaint should be dismissed as an impermissible "show-me-the-note"

claim. Pro se plaintiff Merrick L. Dixon("Dixon")has not responded to defendants' Motion.'
Finding that oral argument would not further the decisional process, the defendants' Motion to

Dismiss will be granted without oral argument for the reasons discussed below.
I. BACKGROUND

In his Complaint, Dixon alleges that defendants Nationstar and MERS fraudulently
foreclosed on the real property known as 13348 Pelican Road, Woodbridge, Virginia 22193 (the

"Property"). Compl.[Dkt. No. 1].^ Specifically, he alleges that defendants have made a claim

'Defendants filed their Motion to Dismiss on September 28, 2018 and included a Roseboro
Notice explaining to plaintiff that any response was due within 21 days and that failure to file a
timely response could result in defendants' Motion being granted. As ofNovember 7, 2018,
plaintiff has not responded to the Motion.

^ The caption also lists "John and Jane Does 1-10" as defendants, as plaintiff intends to sue
Nationstar, MERS,"and/or any other party which has, or intends to make claim against this