Smith v. The Successors and or Assigns of The Estate of William E. Brown in re: 99 Burbank Dr. SW Atlanta 30314
Plaintiff: Darryl Smith and Delise Smith
Defendant: The Successors and or Assigns of The Estate of William E. Brown in re: 99 Burbank Dr. SW Atlanta 30314, The Pattersons and Donovan Jones
Case Number: 1:2020cv03699
Filed: September 8, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2020 Filing 12 Mail Returned as Undeliverable. Mail sent to Darryl Smith re #5 Order on Application for Leave to Proceed in forma pauperis. Mail reads: Return to Sender. attempted - not known. Unable to forward. (ah) Modified on 10/8/2020 (ah).
October 6, 2020 Filing 11 Mail Returned as Undeliverable. Mail sent to Delise Smith re #5 Order on Application for Leave to Proceed in forma pauperis. Mail reads: Return to Sender. attempted - not known. Unable to forward. (ah)
September 29, 2020 Civil Case Terminated. (rlb)
September 29, 2020 Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #9 Order, #10 Clerk's Judgment. (rlb)
September 29, 2020 Filing 10 CLERK'S JUDGMENT dismissing action. (rlb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
September 29, 2020 Opinion or Order Filing 9 ORDER: The Court finds that Plaintiffs have not met their burden of showing that the Court has subject matter jurisdiction over this matter, and therefore under Federal Rules of Civil Procedure 12(h)(3) and 41(b), it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 9/29/20. (rlb)
September 29, 2020 Opinion or Order Filing 8 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
September 29, 2020 Submission of #4 Order, to District Judge Amy Totenberg. (rlb)
September 15, 2020 Filing 7 Petition Notice for Complaint Preliminary and Permanent Injunction, Temporary Restraining Order and Cease and Desist filed by Darryl Smith, Delise Smith. (Attachments: #1 Civil Cover Sheet)(rlb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
September 15, 2020 Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #6 Order,. (rlb)
September 15, 2020 Opinion or Order Filing 6 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSELPROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with theCertificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to theCourt's Local Civil Rules. Signed by Judge Amy Totenberg on 9/15/20. (rlb)
September 11, 2020 Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #5 Order on Application for Leave to Proceed in forma pauperis,. (rlb)
September 11, 2020 Opinion or Order Filing 5 ORDER granting #1 Application for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to submit this matter to the District Court for a frivolity determination under 28 U.S.C. 1915(e)(2) upon the timely filing of any amended pleading. The Clerk is DIRECTED to refrain from forwarding any pleading to the United States Marshal's Service for service until the District Judge orders otherwise. Signed by Magistrate Judge Justin S. Anand on 9/11/20. (rlb)
September 9, 2020 Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #4 Order on Motion for Permanent Injunction,,,, Order on Motion for TRO,,,, Order on Motion for Miscellaneous Relief,,,. (tmf)
September 9, 2020 Opinion or Order Filing 4 ORDER denying #3 Motion for Permanent Injunction; denying #3 Motion for TRO; denying #3 Motion for Cease and Desist Order. To the extent that Plaintiffs may have any enforceable rights with respect to the challenged eviction, the Court notes that this federal judicial forum (as opposed to a state court) is likely not the correct forum for Plaintiffs' pursuit of their claims given the rigid jurisdictional requirements for asserting claims in federal court. If Plaintiffs fail to file a proper Complaint in this matter no later than September 24, 2020, the Court will proceed to dismiss this case. The Clerk's Office is directed to re-submit this matter to the Court on September 25, 2020 or if the Plaintiffs file a separate complaint on or before September 24, 2020 or before, immediately upon that filing. Signed by Judge Amy Totenberg on 9/9/2020. (tmf)
September 8, 2020 Filing 3 (counstrued by court) MOTION for Permanent Injunction, MOTION for Temporary Restraining Order, MOTION for Cease and Desist Order by Darryl Smith, Delise Smith. (Attachments: #1 Civil Cover Sheet)(tmf)
September 8, 2020 Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #2 Order. (rlb)
September 8, 2020 Opinion or Order Filing 2 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/20. (rlb)
September 8, 2020 Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Justin S. Anand. (rlb)
September 8, 2020 Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Darryl & Delise Smith. (Attachments: #1 Petition Notice for Complaint Preliminary and Permanent Injunction, Temporary Restraining Order and Cease and Desist Order, #2 Civil Cover Sheet)(rlb)

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Defendant: The Successors and or Assigns of The Estate of William E. Brown in re: 99 Burbank Dr. SW Atlanta 30314
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Defendant: The Pattersons
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Defendant: Donovan Jones
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Plaintiff: Darryl Smith
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Plaintiff: Delise Smith
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