US Bank National Association v. Green et al
| US Bank National Association |
| Tracie L. Green, Tracie Ledora Mitchem-Green, Cardinal Pines Homeowners' Association, Inc. and Palmetto Citizens Federal Credit Union |
| 3:2022cv04215 |
| November 28, 2022 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| Sherri A Lydon |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Notice of Removal-Foreclosure |
| None |
Docket Report
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| Filing 27 ***DOCUMENT MAILED #24 Order on Report and Recommendation remanding to State Court as well as the letter of transmittal and attachments to the Lexington County Clerk referenced in #25 to Tracie L. Green 123 Cardinal Pines Drive Lexington, SC 29073. (ahil) |
| Filing 26 ***DOCUMENT MAILED #24 Order on Report and Recommendation and Order of Remand placed in U.S. Mail from Columbia Clerks Office to Lisa Comer, Lexington County Clerk of Court, 205 East Main Street Suite 128 Lexington, SC 29072. (ahil) (Additional attachment(s) added on 1/23/2023: #1 NEF, #2 Email to Clerk) (ahil). |
| Filing 25 ***DOCUMENT E-MAILED #24 Order on Report and Recommendation and Order of Remand to Lisa Comer, Lexington County Clerk of Court. (Attachments: #1 NEF, #2 Certified Order) (ahil) |
Filing 24
ORDER adopting Report and Recommendation and remanding the matter back to the Lexington County Court of Common Pleas. Notably lacking from Defendant's Response, however, is an objection to the Magistrate Judge's Report. Defendant does not address the jurisdictional and procedural defects that are the basis of this remand. The court finds no clear error, adopts the Report, ECF No. #13 , and incorporates it by reference herein. Accordingly, this case is REMANDED to the Lexington County Court of Common Pleas. The attorneys and pro se parties in this case are responsible for supplementing the state court record with all documents filed in Federal Court. Signed by the Honorable Sherri A. Lydon on January 23, 2023.(ahil) Modified on 1/23/2023 to edit text.(ahil).
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| Filing 22 STATUS REPORT / Follow Up by Tracie L. Green. (Attachments: #1 Envelope Inside Envelope, #2 Envelope Outside Envelope)(ahil) |
| Filing 18 MOTION to Seal Documents #16 Objection to Report and Recommendation by Tracie L. Green. Response to Motion due by 1/10/2023. 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. (Attachments: #1 Envelope front, #2 Envelope back)No proposed order.(ahil) Modified on 1/23/2023 (ahil, ). |
| Filing 17 SUPPLEMENT by Tracie L. Green to #1 Notice of Removal; Addendum to Motion For Change In Venue (State to Federal Jurisdiction). (Attachments: #1 Envelope front, #2 Envelope back)(ahil) |
| Filing 16 RESPONSE to #13 Report and Recommendation by Tracie L. Green. Reply to Objections due by 1/3/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents asset amendment, #2 Addendum to Motion for Change in Venue (State to Federal Jurisdiction), #3 December 9th Email, #4 December 13th Email, #5 Letter to Spence, Cromer, and Huggins of Septembr 7, 2022, #6 May 2, 2022 Mortgage Foreclosure, #7 Letter to Spence, Cromer, and Huggins of November 16, 2022, #8 Envelope front, #9 Envelope back, #10 inner envelope)(ahil) (Additional attachment(s) added on 12/28/2022: #11 Placeholder 1, #12 Placeholder 2, #13 Placeholder 3, #14 Placeholder 4 and #15 Placeholder 5. Modified on 12/28/2022 to add placeholders for proposed sealed documents (ahil). |
| Filing 15 ***DOCUMENTS MAILED #9 Order to Notify of Address Change, 10 Text Order on Motion for Leave to Proceed in forma pauperis,, 11 Text Order on Motion for Miscellaneous Relief, 12 Text Order on Motion to Seal Document, #13 REPORT AND RECOMMENDATION and 14 Transfer of Case Management placed in U.S. Mail from Columbia Clerks Office to Tracie L. Green, 123 Cardinal Pines Drive, Lexington, SC 29073. (lbak) |
| Filing 14 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Sherri A. Lydon. Any future filings must be sent to the Clerk's Office at the following address: 901 Richland Street, Columbia, SC 29201. (lbak) |
| Filing 13 REPORT AND RECOMMENDATION recommending the district judge remand this matter to the Court of Common Pleas of Lexington County, South Carolina, for lack of subject matter jurisdiction and because Defendant has not complied with the procedure required for removal under 28 U.S.C. 1446. Because this is only a recommendation, the Clerk of Court shall not immediately certify this matter to the Court of Common Pleas for Lexington County. Objections to R&R due by 12/16/2022. 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 Shiva V. Hodges on 12/2/2022. (lbak) |
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Filing 12
TEXT ORDER: Defendant, Tracie L. Green, has filed a motion to seal the motion requesting the court include her and her family members in the Witness Security Program "due to safety concerns." [ECF No. 7]. Defendant makes only a general statement and has failed to present any compelling reason for the court to seal her motion. Therefore, Defendant's motion, ECF No. 7, is denied. Signed by Magistrate Judge Shiva V. Hodges on 12/2/2022. (lbak)
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Filing 11
TEXT ORDER: Defendant, Tracie L. Green, has filed a motion requesting the court include her and her family members in the Witness Security Program, governed by 18 U.S.C. 3521. [ECF No. 6]. She claims they are "essential witnesses" to various crimes, including organized criminal activity or other serious offenses. Id. The United Attorney General has sole discretion to determine whether a witness will be protected under the Witness Security Program. See id.; see also Abbott v. Petrovsky, 717 F.2d 1191, 1193 (8th Cir.1983). "One cannot receive protection simply on demand." Garcia v. United States, 666 F.2d 960, 962 (5th Cir.1982). Because decisions as to placement in and removal from the Witness Security Program are delegated exclusively to the Attorney General, the court lacks jurisdiction to grant Defendant's motion. Therefore, Defendant's motion for inclusion in the Witness Security Program, ECF No. 6, is hereby denied. Signed by Magistrate Judge Shiva V. Hodges on 12/2/2022. (lbak)
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Filing 10
TEXT ORDER: Defendant, Tracie L. Green, has submitted an Application to Proceed in District Court without Prepaying Fees or Costs, ECF No. #3 , which is construed as a motion for leave to proceed in forma pauperis. A review of the motion reveals that Defendant should be relieved of the obligation to prepay the full filing fee. Therefore, Defendant's motion for leave to proceed in forma pauperis, ECF No. 3, is granted. Signed by Magistrate Judge Shiva V. Hodges on 12/2/2022. (lbak)
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Filing 9
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Shiva V. Hodges on 12/2/2022. (lbak)
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| Filing 7 MOTION to Seal Document #6 MOTION for WItness Security Program by Tracie L. Green. Response to Motion due by 12/16/2022. 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. Motions referred to Shiva V. Hodges. (lbak) |
| Filing 6 MOTION for Witness Security Program by Tracie L. Green. Response to Motion due by 12/15/2022. 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. Motions referred to Shiva V. Hodges. (lbak) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Tracie L. Green. Response to Motion due by 12/12/2022. 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. Motions referred to Shiva V. Hodges. (lbak) |
| Filing 1 NOTICE OF REMOVAL from County of Lexington Court of Common Pleas, case number 2022-CP-32-00784. (), filed by Tracie L. Green. (Attachments: #1 State Court Documents) (lbak) ** SEE SUPPLEMENT AT ECF #17 ** Modified on 12/28/2022 to add link (ahil). |
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