TOLAND v. SANTANDER USA
| BRITTANY TOLAND |
| SANTANDER USA |
| 1:2021cv00893 |
| November 19, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Truth in Lending |
| 15 U.S.C. ยง 1640 |
| None |
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Filing 6
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/22/2021 adopting the Magistrate Judge's Recommendation; that this action is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B). (Sheets, Jamie)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 5 Notice of Mailing Recommendation. Objections to R&R due by 12/13/2021. Objections to R&R for Pro Se due by 12/16/2021. (Carter, Alexus) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the Text Recommendation of dismissal entered this date. Issued by MAG/JUDGE L. PATRICK AULD on 11/27/2021. (AULD, L.) |
| TEXT RECOMMENDATION that the Court dismiss this action as frivolous under 28 U.S.C. s 1915(e)(2)(B), in light of the obvious lack of subject matter jurisdiction. According to #2 Complaint, Plaintiff has purported to invoke federal question jurisdiction; however, as the basis for that invocation, #2 Complaint states only, "[b]ased on North Carolina state statute, [i]t is illegal to issue consumers APR rates of 24% [but] mine is 30%." An alleged violation of a state statute does not create a federal question. Moreover, nothing in the "Statement of Claim" or "Relief" portions of #2 Complaint identifies any federal question. Finally, although #3 Civil Cover Sheet reflects a check-mark beside "Truth in Lending" within the "Nature of Suit" subsection, nothing in #2 Complaint provides any basis to conclude that Plaintiff actually has attempted to state a claim under that federal statute (or could do so). "Federal jurisdiction may not be premised on the mere citation of federal statutes." Weller v. Department of Soc. Servs., 901 F.2d 387, 391 (4th Cir. 1990). Issued by MAG/JUDGE L. PATRICK AULD on 11/27/2021. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by BRITTANY TOLAND btolandvirgo@gmail.com (Carter, Alexus) |
| Filing 3 CIVIL COVER SHEET. (Carter, Alexus) |
| Filing 2 COMPLAINT against SANTANDER USA, filed by BRITTANY TOLAND. (Carter, Alexus) |
| Filing 1 APPLICATION to Proceed IFP by BRITTANY TOLAND. (Carter, Alexus) |
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| Plaintiff: BRITTANY TOLAND | |
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| Defendant: SANTANDER USA | |
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