Jones v. Bank of America, 2:18-cv-649-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20181120b58
Visitors: 6
Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendants Bank of America, N.A. and Reverse Mortgage Solutions, Inc.'s Motion to Dismiss. (Doc. 17). The Court denies without prejudice the motion because United States Magistrate Judge Carol Mirando is still deciding pro se Plaintiff Donald Jones' request to proceed in forma pauperis. Judge Mirando previously found the complaint not to state a cognizable claim in federal court and did not comply with Federal Rules
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendants Bank of America, N.A. and Reverse Mortgage Solutions, Inc.'s Motion to Dismiss. (Doc. 17). The Court denies without prejudice the motion because United States Magistrate Judge Carol Mirando is still deciding pro se Plaintiff Donald Jones' request to proceed in forma pauperis. Judge Mirando previously found the complaint not to state a cognizable claim in federal court and did not comply with Federal Rules ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Defendants Bank of America, N.A. and Reverse Mortgage Solutions, Inc.'s Motion to Dismiss. (Doc. 17). The Court denies without prejudice the motion because United States Magistrate Judge Carol Mirando is still deciding pro se Plaintiff Donald Jones' request to proceed in forma pauperis. Judge Mirando previously found the complaint not to state a cognizable claim in federal court and did not comply with Federal Rules of Civil Procedure 8 and 10. (Doc. 4). As such, she denied without prejudice Jones' Affidavit of Indigency and gave him leave to file an amended pleading — which he did (Doc. 10). But she has not yet reviewed the Amended Complaint for plausibility and procedural compliance. Nor has she ruled on Jones' in forma pauperis status and, in turn, service. The Court thus denies Defendants' motion to dismiss.
Accordingly, it is now
ORDERED:
Defendants Bank of America, N.A. and Reverse Mortgage Solutions, Inc.'s Motion to Dismiss (Doc. 17) is DENIED without prejudice.
DONE and ORDERED.
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Source: Leagle
