Deutsche Bank National Trust Company, As Trustee for First Franklin Mortgage Loan Trust 2006 - FF1, Mortgage Pass - Through Certificates, Series 2006 - FF11 v. Nunes et al
| Deutsche Bank National Trust Company, As Trustee for First Franklin Mortgage Loan Trust 2006 - FF1, Mortgage Pass - Through Certificates, Series 2006 - FF11 |
| Angela Nunes and John Doe and Mary Doe |
| 1:2023cv02637 |
| April 3, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Marcia M Henry |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing 5
ORDER: For the reasons set forth in the accompanying order, the Court remands this case sua sponte because Defendant failed to remove the two separate lawsuits encompassed by her notice of removal within the time periods required by 28 U.S.C. 1446. The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to each of: (a) the pro se Defendant; (b) the Supreme Court of the State of New York, Queens County (Index No. 718142/2018); and (c) the Civil Court of the City of New York, Queens County (Index No. LT-318315-22/QU). The Court's staff will include with the mailing to the pro se Defendant copies of the unpublished decisions cited in this order, in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009).In light of the Court's decision to remand the case, the Court denies as moot Defendant's application to proceed in forma pauperis. See ECF No. #4 . The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and, therefore, denies Defendant in forma pauperis status for purposes of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Hector Gonzalez on 5/3/2023. (BH)
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| Filing 4 NOTICE Affidavit of Fact Exempt from Fee. (Attachments: #1 Motion for IFP Unsigned) (JC) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 4/7/23. (KD) |
| Filing 1 NOTICE OF REMOVAL by Angela Nunes from Queens Civil Court, case number LT-318315-22/QU. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Trust to City of NY, #3 Declaration of Trust to US District Court) (KD) |
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| Plaintiff: Deutsche Bank National Trust Company, As Trustee for First Franklin Mortgage Loan Trust 2006 - FF1, Mortgage Pass - Through Certificates, Series 2006 - FF11 | |
| Represented By: | Joseph Radano |
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| Defendant: Angela Nunes | |
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| Defendant: John Doe and Mary Doe | |
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