JOHN E. STEELE, District Judge.
This matter comes before the Court on review of defendants' Motion to Dismiss Amended Complaint (Doc. #26) filed on July 13, 2015. Plaintiff has not filed a response and the time to do so has expired. For the reasons stated below, the motion is due to be granted.
Because plaintiff is proceeding pro se, his pleadings are held to a less stringent standard than pleadings drafted by an attorney and will be liberally construed.
On November 20, 2014, the Property was sold for $274,200.00. (
Plaintiff alleges that in order to foreclose, defendant, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alterative Loan Trust 2006-OA3 Mortgage Pass-Through Certificates Series 2006 (The Bank of New York) used an unendorsed note and an unsupported allegation that it had the right to foreclose. (
Defendants seek to dismiss the Amended Complaint with prejudice asserting the claims are barred by the Rooker-Feldman Doctrine. (Doc. #26.) Specifically, defendants allege that plaintiff is attempting to relitigate issues that were already adjudicated by the Circuit Court in the foreclosure action, or that should have been raised in the foreclosure action. (
As an initial matter, defendants ask the Court to take judicial notice of Case No. 09-CA-1102, the foreclosure action from state court and, specifically, the documents attached to their motion.
Jurisdiction in this case is premised upon diversity of citizenship, which has not been challenged. The difficulty with the Amended Complaint is that even when the Court reads its allegations with the deference due a pro se litigant and with the benefit of the judicially noticed documents, there is still no cause of action which is plausibly set forth. While it may be that the Court should abstain from the exercise of its jurisdiction under the
As plaintiff is currently proceeding pro se, that is, without being represented by an attorney, the Court will take this opportunity to advise plaintiff of some of the important responsibilities and obligations that he bears as a pro se party, including some requirements of the Local Rules of this Court
In the body of the Second Amended Complaint, plaintiff should clearly set forth the violations and claims he seeks to assert, and describe how each named defendant is involved in each alleged claim. Plaintiff must provide support in the statement of facts for the claimed violations. More than conclusory and vague allegations are required to state a cause of action. Plaintiff must state what rights under the Constitution, laws, or treaties of the United States have been violated. It is improper for plaintiff to merely list constitutional rights or federal rights and/or statutes. Plaintiff must provide factual support for the claimed violations.
Plaintiff is reminded that his pro se status does not free him from the requirements of the Federal Rules of Civil Procedure, which plaintiff is directed to consult before filing additional material. While the Court has set forth some obligations and requirements in this Order, this Order does not set forth all of those requirements and should not be relied upon as limiting plaintiff's duties and obligations in litigating this case. The Court directs plaintiff to review the "Proceeding Without a Lawyer" section of this Court's website at www.flmd.uscourts.gov.
Accordingly, it is now
1. Defendants' Motion to Dismiss Amended Complaint (Doc. #26) is
2. Plaintiff may file a second amended complaint within