ROSE v. THE BANK OF NEW YORK MELLON et al
| JAMES EDWARD ROSE |
| THE BANK OF NEW YORK MELLON, CARRINGTON MORTGAGE CO. and MILSTEAD AND ASSOCIATES |
| 5:2018cv02530 |
| June 14, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lehigh |
| JEFFREY L. SCHMEHL |
| Foreclosure |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
12
ORDER THAT THE COURT DEEMS THE MOTION (ECF NO. 10) TO BE ROSE'S AMENDED COMPLAINT. THE CLERK OF COURT IS DIRECTED TO TERMINATE MILSTEAD AND ASSOCIATES AS A DEFENDANT AND TO ADD THE FOLLOWING ENTITIES AND INDIVIDUALS TO THE DOCKET AS DEFENDANTS: APEX ABSTRACT; BANKERS TRUST COMPANY OF CALIFORNIA; BANK OF AMERICA; DELTA FUNDING CORPORATION; ROBERT WILSON; NEW CENTURY MORTGAGE CORPORATION; AND "MERS" MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. THE AMENDED COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM, AND ANY FEDERAL CLAIMS ARE DISMISSED WITH PREJUDICE. ROSE MAY NOT FILE A SECOND AMENDED COMPLAINT IN THIS MATTER. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/22/18. 8/22/18 ENTERED AND COPIES MAILED TO PRO SE'.(ky, )
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Filing
7
MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 USC:1915(e)(2)(B)(ii) AND RULE 8 OF THE FRCP. ROSE IS GI VEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT HE CAN CURE THE DEFECTS IDENTIFIED IN HIS INITIAL COMPLAINT. THE CLERK OF COURT IS DIRECTED TO FURNISH ROSE WITH A BLANK COPY OF THIS COURT 9;S CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. ROSE MAY USE THIS FORM TO FILE HIS AMENDED COMPLAINT. ROSE'S MOTIONS (ECF NOS. 3 AND 4) ARE DENIED. IF ROSE FAILS TO FILE AN AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/21/18. 6/21/18 ENTERED AND COPY OF ORDER AND THE 'COURT'S CURRENT STANDARD FORM' MAILED TO ROSE.(fdc)
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