Clark v. Citifinancial Services Inc. et al
| Eric L. Clark |
| Citifinancial Services Inc. and Wilmington Savings Fund Society, FSB |
| 1:2023cv03054 |
| July 11, 2023 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Steve C Jones |
| Real Property: Foreclosure |
| 28:l332 Diversity - Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 CLERK'S JUDGMENT entered dismissing action. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 9
ORDER adopting the #5 Final Report and Recommendation as the Order and Opinion of this Court and denying #8 Plaintiff's Motion for Leave to Amend the Complaint. Signed by Judge Steve C. Jones on 09/06/2023. (ddm)
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| Civil Case Terminated. (ddm) |
| Clerk's Certificate of Mailing as to Eric L. Clark re #10 Clerk's Judgment, #9 Order. (ddm) |
| Submission of #5 FINAL REPORT AND RECOMMENDATION re #4 Amended Complaint, #7 Objections to Report and Recommendation, #8 MOTION for Leave to File Amended Complaint, to District Judge Steve C. Jones. (pdw) |
| Filing 8 MOTION for Leave to File Amended Complaintby Eric L. Clark. (Attachments: #1 Amended Complaint)(ddm) |
| Filing 7 OBJECTIONS to #5 Final Report and Recommendation filed by Eric L. Clark. (ddm) |
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Filing 6
ORDER for Service of #5 Final Report and Recommendation, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 8/15/23. (klb)
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Filing 5
FINAL REPORT AND RECOMMENDATION re #4 Amended Complaint, filed by Eric L. Clark. The undersigned RECOMMENDS that this case be DISMISSED for failure to state a claim on which relief may be granted, see 28 U.S.C. 1915(e)(2)(B)(ii), and for failure to follow the Courts lawful Order, N.D. Ga. Civ. R. 41.3(A)(2) (The Court may, with or without notice to the parties, dismiss a civil case for want of prosecution if:... A plaintiff... shall, after notice,... fail or refuse to obey a lawful order of the Court in the case...). The Clerk is DIRECTED to terminate the reference to the Magistrate Judge. Signed by Magistrate Judge Walter E. Johnson on 8/15/23. (klb)
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| Clerk's Certificate of Mailing as to Eric L. Clark re #5 FINAL REPORT AND RECOMMENDATION and #6 Order for Service of final Report and Recommendation. (klb) |
| Filing 4 AMENDED COMPLAINT against Citifinancial Services Inc., Wilmington Savings Fund Society, FSB, with Jury Demand, filed by Eric L. Clark.(ddm) 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. |
| Filing 3 COMPLAINT with Jury Demand filed by Eric L. Clark. (Attachments: #1 Civil Cover Sheet)(klb) 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. |
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Filing 2
ORDER granting #1 Application for Leave to Proceed in forma pauperis. However, process will not issue at this time. The Court DIRECTS plaintiff to file an amended complaint on or before August 18, 2023, sufficiently setting forth his specific claims as to each defendant so that the Court may conduct the requisite frivolity review and clarifying whether he is attempting to remove the pending state court case. Plaintiff is advised that failure to amend the Complaint will result in a recommendation that this case be dismissed without prejudice for failure to state a claim and for want of prosecution. See N.D. Ga. Civ. R. 41.3(A)(2) (permitting court to dismiss civil case for want of prosecution if a plaintiff or plaintiffs attorney shall, after notice,... fail or refuse to obey a lawful order of the court in the case). The Clerk is DIRECTED to resubmit this action to the assigned Magistrate Judge upon receipt of an amended complaint, or at the expiration of the above deadline. Signed by Magistrate Judge Walter E. Johnson on 7/19/23. c:Financial Office(klb)
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| Clerk's Certificate of Mailing as to Eric L. Clark re #2 Order. (klb) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Eric L. Clark. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(lwb) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Walter E. Johnson. (lwb) |
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