Bank of New York Mellon, The v. Bess
Plaintiff: Bank of New York Mellon, The and The Bank of New York as trustee for Registered Holders of CWABS, Inc. Asset Backed Certificates, Series
Defendant: Kimberly Bess, Midland Funding, LLC and Unknown Owners And Nonrecord Claimants
Case Number: 1:2022cv01698
Filed: April 1, 2022
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Robert Blakey
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2022 Filing 6 MINUTE entry before the Honorable John Robert Blakey: Plaintiff, acting pro se, submitted a notice of removal, which attempts to remove a state court judgment of foreclosure and sale. #1 , [1-1]. She also submitted an application for leave to proceed in forma pauperis #4 . The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Even though Plaintiff is not a "prisoner" under the PLRA, her complaint is still subject to screening. See Vey v. Clinton, 520 U.S. 937, 93738 (1997) (applying 1915(e)(2)(B)(i) to non-inmate); Jaros v. IDOC, 684 F.3d 667, 668 n.1 (7th Cir. 2012) (collecting cases holding that 1915(e)(2) screening applies to non-prisoner suits). Thus, before it can authorize Plaintiff to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that Plaintiff is unable to pay the $402 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of Plaintiff's assets as stated in an affidavit submitted to the Court; the second is made by looking to Plaintiff's allegations. If the Court finds that the suit lacks sufficient merit or that an inadequate showing of poverty exists, it must deny the IFP application. SmithBey v. Hospital Administrator, 841 F.2d 751, 757 (7th Cir. 1988). Here, Plaintiff's IFP application demonstrates that she has not worked for more than seven years and has no discernible means of support. But Plaintiff's pleadings also demonstrate that the relief she seeks review of a state court foreclosure judgment -- is barred under the Rooker-Feldman doctrine. See, e.g., Swartz v. Heartland Equine Rescue, 940 F.3d 387, 390 (7th Cir. 2019), cert. denied, 140 S. Ct. 2510 (2020) (The Rooker-Feldman doctrine "precludes lower federal court jurisdiction over claims seeking review of state court judgments... no matter how erroneous or unconstitutional the state court judgment may be. The doctrine applies not only to claims that were actually raised before the state court, but also to claims that are inextricably intertwined with state court determinations."). "The Rooker-Feldman bar is jurisdictional; violations of it cannot be waived and thus preclude a court from considering the merits of the claim." Id. As a result, the Court denies Plaintiff's in forma pauperis application #4 and dismisses this case. Civil case terminated. Mailed notice (gel, )
April 5, 2022 Filing 5 MAILED Notice of Removal letter to counsel of record. (jmk, )
April 5, 2022 MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Kimberly Bess. (jmk, )
April 5, 2022 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jmk, )
April 5, 2022 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jmk, )
April 1, 2022 Filing 4 APPLICATION by Defendant Kimberly Bess for leave to proceed in forma pauperis (exhibits). (jmk, )
April 1, 2022 Filing 3 PRO SE Appearance by Defendant Kimberly Bess (jmk, )
April 1, 2022 Filing 2 CIVIL Cover Sheet (jmk, )
April 1, 2022 Filing 1 RECEIVED NOTICE of Removal from Circuit Court of Cook County, case number (2019 CH 13977) filed by Kimberly Bess (jmk, ) (Additional attachment(s) added on 4/5/2022: #1 Exhibit) (jmk, ).

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Plaintiff: Bank of New York Mellon, The
Represented By: Julie Lanyon DeJong
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Plaintiff: The Bank of New York as trustee for Registered Holders of CWABS, Inc. Asset Backed Certificates, Series
Represented By: Julie Lanyon DeJong
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Defendant: Kimberly Bess
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Defendant: Midland Funding, LLC
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Defendant: Unknown Owners And Nonrecord Claimants
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