Diggs et al v. Federal Reserve et al
| Yekita Diggs and Victor Alao |
| Federal Reserve, US Department of Housing and Urban Development, Cenlar and Primelending A Plainscapital Company |
| 3:2025cv00461 |
| April 1, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2025. A more recent docket listing may be available from PACER.
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| Filing 9 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 386, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kdw) |
| Filing fee: $ 405.00, receipt number 15149 (jdc) |
Filing 7
ORDER DENYING EQUITABLE RELIEF: Without reaching the merits, Plaintiffs' emergency motion (Doc. 5) is DENIED on three independent grounds. First, the Court cannot consider Plaintiffs' claims without payment of the filing fee, and Plaintiffs have not submitted a motion to proceed in forma pauperis. See 28 U.S.C. 1914. Second, under Federal Rule of Civil Procedure 65(b), a district court must deny a request for temporary injunctive relief that is not supported by an affidavit or a verified complaint. Third, the injunctive relief sought, restoration of water service based on a disputed lien, goes beyond the property foreclosure claims asserted in the complaint. See Lacy v. Rains, No. 16-CV-1383-SMY-RJD, 2017 WL 11607269, at *1 (S.D. Ill. Aug. 14, 2017) ("'A preliminary injunction is appropriate only if it seeks relief of the same character sought in the underlying suit and deals with a matter presented in that underlying suit.'").Signed by Judge Staci M. Yandle on 4/8/2025. (cyl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 EXHIBITS by Victor Alao, Yekita Diggs. re #3 Complaint filed by Yekita Diggs, Victor Alao. Related document: #3 Complaint filed by Yekita Diggs, Victor Alao.(kdw) |
| Filing 5 EMERGENCY MOTION for Mandatory Injunction and Temporary Restraining Order by Victor Alao and Yekita Diggs. (kdw) |
| Filing 4 Letter sent to Yekita Diggs and Victor Alao regarding filing fee. (Attachments: #1 Motion for IFP) (kdw) |
| Filing 3 COMPLAINT against Cenlar, Federal Reserve, Primelending A Plainscaptial Company, US Department of Housing and Urban Development, filed by Yekita Diggs, Victor Alao. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(kdw) |
| Filing 2 NOTICE FROM CLERK Instructing Yekita Diggs and Victor Alao to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Yekita Diggs and Victor Alao on 4/1/2025. Consent due by 4/22/2025 (kdw) |
| Filing 1 Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 25-461-SMY. Refer to the pro se litigant guide, found on the ILSD website, for further information. (kdw) |
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