Benitez Caceres et al v. Rhode Island Housing Authority
| Mirca Benitez Caceres and Guillermo Caceres |
| Rhode Island Housing Authority |
| 1:2023cv00463 |
| November 8, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 191 Bank Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 5 SUMMONS Returned Executed by Mirca Benitez Caceres. Rhode Island Housing Authority served on 11/17/2023, answer due 12/8/2023. (Attachments: #1 Exhibit)(Gonzalez Gomez, Viviana) |
Filing 4
JUDGMENT: This civil action is dismissed. So Ordered by District Judge William E. Smith on 11/16/2023. (Urizandi, Nissheneyra)
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TEXT ORDER: Plaintiffs' Complaint asks the Court to "stop [an] illegal [f]oreclosure[]" of property referenced as "Plat Card 776." Compl. 4, ECF No. #1 . The Court takes judicial notice of the underlying foreclosure proceeding in Providence/Bristol County Superior Court in which Plaintiffs are named defendants. See Amos Fin. LLC v. Granados, Case No. PM-2022-00782 (R.I. Super. Ct.); see also Kowalski v. Gagne, 914 F.2d 299, 305 (1st Cir. 1990) ("It is well-accepted that federal courts may take judicial notice of proceedings in other courts if those proceedings have relevance to the matters at hand."); Text Order (Nov. 16, 2023), Caceres v. Amos Fin. LLC, Case No. 23-cv-429 (D.R.I.). In that case, on August 31, 2023, the court entered judgment against defendants (here, Plaintiffs). No timely appeal was filed. Because Plaintiffs ask the Court to review and reject a judgment in a state court proceeding that has ended, this Court lacks subject matter jurisdiction under the Rooker-Feldman doctrine. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005); Federacion de Maestros de P.R. v. Junta de Relaciones del Trabajo de P.R., 410 F.3d 17, 24 (1st Cir. 2005). Accordingly, this case is DISMISSED. So Ordered by District Judge William E. Smith on 11/16/2023. (Urizandi, Nissheneyra)
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| Filing 3 Summons Issued as to Rhode Island Housing Authority. (Hill, Cherelle) |
| Filing 2 CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 100000764 ), filed by Mirca Benitez Caceres. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summons)(Hill, Cherelle) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 23cv429 based upon a related case previously assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Hill, Cherelle) |
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