In Re: JATE IV Trust
| JATE IV Trust |
| Bank of New York Mellon |
| US Trustees Office |
| 2:2017cv00037 |
| January 5, 2017 |
| US District Court for the District of South Carolina |
| Charleston Office |
| Charleston |
| Mary Gordon Baker |
| Richard M Gergel |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
9
ORDER RULING ON 6 REPORT AND RECOMMENDATION that the Court GRANTS IN PART AND DENIES IN PART 8 Appellee's Motion to Dismiss and DISMISSES WITHOUT PREJUDICE the appeal. The Court GRANTS the motion to dismiss insofar as the appeal is dismissed, but DENIES request for dismissal with prejudice because the dismissal is on jurisdictional grounds. See S. Walk at Broadlands Homeowner's Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) ("A dismissal for lack of standing-or any other defect in subject matter jurisdiction-must be one without prejudice....").AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/17/2017. (sshe, )
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Filing
6
REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. The Magistrate Judge recommends that if the Appellant does not obtain legal counsel who enters an appearance in this appeal by March 9, 2017, this appeal shou ld be dismissed. Objections to R&R due by 3/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Mary Gordon Baker on 2/16/2017. (ssam, )
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