Smith v. The Successors and or Assigns of The Estate of William E. Brown in re: 99 Burbank Dr. SW Atlanta 30314
| Darryl Smith and Delise Smith |
| 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 |
| 1:2020cv03699 |
| September 8, 2020 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Rent Lease & Ejectment |
| 28:1331 |
| None |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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| 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). |
| 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) |
| Civil Case Terminated. (rlb) |
| Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #9 Order, #10 Clerk's Judgment. (rlb) |
| Filing 10 CLERK'S JUDGMENT dismissing action. (rlb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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)
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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)
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| Submission of #4 Order, to District Judge Amy Totenberg. (rlb) |
| 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. |
| Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #6 Order,. (rlb) |
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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)
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| Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #5 Order on Application for Leave to Proceed in forma pauperis,. (rlb) |
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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)
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| 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) |
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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)
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| 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) |
| Clerk's Certificate of Mailing as to Darryl Smith, Delise Smith re #2 Order. (rlb) |
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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)
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| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Justin S. Anand. (rlb) |
| 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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