Barker v. Nationstar Mortgage LLC et al
| Linda Barker |
| Nationstar Mortgage LLC doing business as Mr. Cooper Group Inc and Lakeview Loan Servicing LLC |
| 1:2024cv09687 |
| October 8, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John Robert Blakey |
| Truth in Lending |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2024. A more recent docket listing may be available from PACER.
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| SUMMONS Issued to the U.S. Marshal Service via email as to Defendants Lakeview Loan Servicing LLC, Nationstar Mortgage LLC. (jh, ) |
| MAILED two blank USM-285 (U.S. Marshals service) forms and Minute Entry dated 11/25/2024 to the Plaintiff. (jh, ) |
| Filing 11 COMPLAINT filed by Linda Barker. (Exhibits) (jh, ) |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: This Court previously dismissed Plaintiff's complaint for lack of subject matter jurisdiction because it appeared she was seeking to challenge the conduct leading up to the foreclosure of her mortgage. See #9 . She now seeks reconsideration and contends that her mortgage was not foreclosed and that she is not complaining of any state court judgment, see #9 . Accepting this fact as true, the Court finds that Plaintiff may proceed on her complaint, which arguably asserts a claim for violation of the Fair Debt Collection Practices Act. This federal statute precludes debt collectors from engaging "in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt." 15 U.S.C. 1692d. As a result, the Court grants Plaintiff's motion for reconsideration #9 , grants Plaintiff's application for leave to proceed in forma pauperis #7 , and directs the Clerk to reinstate this case. The Clerk shall also issue summonses for service of the complaint on Defendants Nationstar Mortgage LLC and Lakeview Loan Servicing LLC and directs the Marshal to serve summons. The Clerk of Court is directed to mail Plaintiff two blank USM-285 (U.S. Marshals service) forms. The Court advises Plaintiff that a completed USM-285 form is required for each named Defendant. The U.S. Marshal will not attempt service on a Defendant unless and until the required form is received. Plaintiff must therefore complete and return a service form for each Defendant, and failure to do so may result in the dismissal of the unserved Defendant, as well as dismissal of this case in its entirety for lack of prosecution. Plaintiff shall file a status report by 1/10/25 concerning service. Mailed notice (gel, ) |
| Filing 9 MOTION by Plaintiff Linda Barker correctional judicial errors (Received at the Intake Counter on 11/25/24) (lm, ) |
| MAILED a copy of the order dated 11/13/2024 to Linda Barker. (evw, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has now submitted an amended application for leave to proceed in forma pauperis, #7 . 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). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $405 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 the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's renewed IFP application, though incomplete, indicates that she likely lacks the assets necessary to pay the filing fee. Her complaint, however, is frivolous and must be dismissed for lack of subject matter jurisdiction. As written, Plaintiff's complaint asks this Court to overturn a state court foreclosure judgment because it was premised upon wrongful conduct by the loan officer. But 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." Swartz v. Heartland Equine Rescue, 940 F.3d 387, 390 (7th Cir. 2019), cert. denied, 140 S. Ct. 2510 (2020). "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 IFP application #7 , dismisses Plaintiff's complaint, and dismisses this case. Civil case terminated. Mailed notice. (evw, ) |
| Filing 7 APPLICATION by Plaintiff Linda Barker to proceed in District Court without prepaying fees or costs(Short form). (Received via Intake Counter 11/12/24) (nsf, ) |
| MAILED a copy of the order dated 10/29/2024 to Plaintiff Linda Barker. (evw, ) |
| Filing 6 MINUTE entry before the Honorable John Robert Blakey: On 10/10/24, this Court denied Plaintiff's application for leave to proceed in forma pauperis but granted her leave to file an amended motion or to pay the required filing fee, see #5 . Plaintiff did neither; nor has she otherwise communicated with the Court. If Plaintiff fails to comply by 11/12/24, the Court will dismiss this case. Mailed notice. (evw, ) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: 28 U.S.C. 1915(a)(1) allows an indigent plaintiff to commence a civil action without prepaying the filing fee. In deciding whether to grant an application to proceed in forma pauperis, the Court must determine whether the suit has sufficient merit, and whether the plaintiff has demonstrated a level of poverty such that IFP status is justified. See 28 U.S.C. 1915(e)(2); Denton v. Hernandez, 504 U.S. 25, 27 (1992). If a court finds that the suit lacks sufficient merit or that an inadequate showing of poverty exists, the court must deny the in forma pauperis application. SmithBey v. Hospital Administrator, 841 F.2d 751, 757 (7th Cir. 1988). Here, Plaintiff's affidavit suggests an adequate showing of poverty may exist, but she failed to sign and affirm the truth of the information in the affidavit. Accordingly, the motion to proceed in forma pauperis #3 is denied, though Plaintiff may refile with the necessary signature. Plaintiff is given 14 days from the date of this Order to either submit a revised motion or to pay the required filing fee. Mailed notice (gel, ) |
| Filing 3 APPLICATION by Plaintiff Linda Barker to proceed in District Court without prepaying fees or costs.(Exhibits, Received via Intake counter 10/8/24) (nsf, ) |
| Filing 2 CIVIL Cover Sheet. (Received via Intake counter 10/8/24) (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Linda Barker. (Exhibits, Received via Intake counter 10/8/24) (nsf, ) |
| 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. (nsf, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (nsf, ) |
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