A Frivolous Foreclosure Appeal? Well, Only Per the Docket This Time.

By justicefortexas

Posted on January 14, 2021

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LIT COMMENTARY

A pro se foreclosure IFP case dismissed as ‘frivolous’, but only on the docket, not on the opinion.

UNPUBLISHED OPINION FILED. [19-10727 Dismissed as Frivolous] Judge: PEH , Judge: EHJ , Judge: GJC. Mandate issue date is 02/05/2021 [19-10727]

HIGGINBOTHAM, PATRICK E.

JONES, EDITH H.

COSTA, GREGG J.

Before Higginbotham, Jones, and Costa, Circuit Judges. Per Curiam:*

Tuwana Stevette Gildon appeals the dismissal of her civil action alleging that her real property was wrongfully foreclosed upon. Finding that Gildon raised only state law claims, the district court dismissed the action for lack of subject-matter jurisdiction because there did not exist complete diversity between Gildon and the defendants as required to establish jurisdiction under 28 U.S.C. § 1332. Gildon timely appealed.

In her opening brief, Gildon renews her claims that the defendants wrongfully foreclosed on and sold her property. However, she briefs no argument that the district court erred in concluding that there was no diversity jurisdiction over her claims. She has thus waived the sole ground for appeal, and her appeal is DISMISSED. See Fed. R. App. P. 28(a)(8); 5th Cir. R. 42.2; Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

PDF Opinion

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Court of Appeals Docket #: 19-10727	Docketed: 06/28/2019 Termed: 01/14/2021
Nature of Suit: 3220 Foreclosure	Docketed: 06/28/2019 Termed: 01/14/2021
Gildon v. Nationstar Mtge
Appeal From: Northern District of Texas, Fort Worth
Fee Status: In Forma Pauperis

Case Type Information:

1) Private Civil Federal

2) Private

Originating Court Information:
District: 0539-4 : 4:19-CV-481
Originating Judge: John H. McBryde, U.S. District Judge
Date Filed: 06/18/2019
Date NOA Filed:	Date Rec’d COA:
06/26/2019	06/26/2019

12/10/2019		MOTION filed by Appellant Ms. Tuwana Stevette Gildon for leave to file electronically as a pro se party [9207539-2]. Date of service: 11/30/2019 [19-10727] (MBC) [Entered: 12/10/2019 04:21 PM]
12/12/2019		CLERK ORDER granting Motion for leave for pro se to file electronically filed by Appellant Ms. Tuwana Stevette Gildon [9207539-2] [19-10727] (MBC) [Entered: 12/12/2019 08:19 AM]
02/07/2020		APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [19-10727] (Michael Carrer ) [Entered: 02/07/2020 10:29 AM]
02/07/2020		APPEARANCE FORM for the court’s review. Lead Counsel? No. [19-10727] (Ellen Horton Raine ) [Entered: 02/07/2020 10:32 AM]
02/07/2020		APPEARANCE FORM FILED by Attorney(s) Michael Carrer for party(s) Appellee Ras Crane L.L.C. Appellee William Roy Attmore, in case 19-10727, [19-10727] (MBC) [Entered: 02/07/2020 11:15 AM]
02/07/2020		OPPOSED MOTION filed by Michael Carrer to substitute/withdraw Cheyenee Zokaie as counsel for Appellees Mr. William Roy Attmore and Ras Crane L.L.C.[9246887-2]. Date of service: 02/07/2020 via email – Attorney for Appellees: Carrer, Gelman, Sicotte, Sutton, Zokaie; Appellant Gildon; US mail – Appellant Gildon [19-10727] (Michael Carrer ) [Entered: 02/07/2020 11:50 AM]
02/07/2020		APPEARANCE FORM FILED by Attorney(s) Ellen Horton Raine for party(s) Appellee Ras Crane L.L.C. Appellee William Roy Attmore, in case 19-10727 [19-10727] (MBC) [Entered: 02/07/2020 03:36 PM]
02/10/2020		CLERK ORDER granting Motion to withdraw Cheyenee Zokaie as counsel filed by Mr. Michael Carrer [9246887-2] [19-10727] (MBC) [Entered: 02/10/2020 10:38 AM]
01/14/2021		UNPUBLISHED OPINION FILED. [19-10727 Dismissed as Frivolous] Judge: PEH , Judge: EHJ , Judge: GJC. Mandate issue date is 02/05/2021 [19-10727] (NFD) [Entered: 01/14/2021 10:41 AM]
01/14/2021		JUDGMENT ENTERED AND FILED. [19-10727] (NFD) [Entered: 01/14/2021 10:45 AM]

N.D. Tex. Docket

U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:19-cv-00481-A

Gildon v. Nationstar Mortgage LLC et al
Assigned to: Senior Judge John McBryde
Demand: $7,000,000

Case in other court:

United States Court of Appeals Fifth Circuit, 19-10727

Cause: 23:1441 Contract Real Estate

Date Filed: 06/18/2019
Date Terminated: 06/25/2019
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

Date Filed	#	Docket Text
06/25/2019		***Clerk’s Notice of delivery: (see NEF for details) Docket No:10. cy to Gildon Tue Jun 25 12:40:48 CDT 2019 (crt) (Entered: 06/25/2019)
06/25/2019	10	FINAL JUDGMENT…all plaintiff’s claims dismissed pursuant to 28 USC 1915(e)(2). (Ordered by Senior Judge John McBryde on 6/25/2019) (wrb) (Entered: 06/25/2019)
06/25/2019		***Clerk’s Notice of delivery: (see NEF for details) Docket No:9. cy to Gildon Tue Jun 25 12:37:48 CDT 2019 (crt) (Entered: 06/25/2019)
06/25/2019	9	ORDER: Plaintiff’s claims dismissed pursuant to 28 USC 1915 (e)(2) (Ordered by Senior Judge John McBryde on 6/25/2019) (wrb) (Entered: 06/25/2019)
06/25/2019		***Clerk’s Notice of delivery: (see NEF for details) Docket No:7. cy to Gildon Tue Jun 25 10:00:44 CDT 2019 (crt) (Entered: 06/25/2019)
06/24/2019	8	Application to Proceed In District Court without Prepaying Fees or Costs (Long Form) filed by Tuwana Stevette Gildon. (wrb) (Entered: 06/25/2019)
06/24/2019	7	ORDER AUTHORIZING PLAINTIFF TO PROCEED IN FORMA PAUPERIS… 8 motion granted; authorized to proceed IFP. FOOTNOTE: No summons shall issue unless authorized by further order of the court. (Ordered by Senior Judge John McBryde on 6/24/2019) (wrb) Modified on 6/25/2019 (wrb). (Entered: 06/25/2019)
06/20/2019		***Clerk’s Notice of delivery: (see NEF for details) Docket No:6. cy to Gildon with long form Thu Jun 20 10:44:50 CDT 2019 (crt) (Entered: 06/20/2019)

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