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UNPUBLISHED OPINION FILED.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]
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).
Vihn Truong and Alter Ego Vindustrialist LLC Hires Bandit Lawyer Clay Vilt for Bankruptcy Case
Looking to thwart foreclosure of the home at 826 Bunker Hill Road Houston TX 77024, the delay results in a six-month bk filing sanction.
Constitutional Challenge by Texas Resident Spurs Swift High Court Reform Saving Litigants Millions in Fees
LIT Founder’s bold stand against clerk record fees sparks a landmark rule change, offering financial relief to citizens in the legal system.
Texas Jay’s Sprawlin’ Opinion on Unlawful Debt Collectin’ for Florida Loan Sharks and Lawyers
Founder of LIT’s intervention has Debt Collectin’ Lawyer Clyde Jay Jackson of Burford Perry over-zealously advocating for his law firms.
|
||||||||||||||||||
|
||||||||||||||||||
|
||||||||||||||||||
|
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
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) |
“The difficulty with the dual capacity theory as an Erie guess is that no Texas court at any level has ever adopted it.” #lawtwitter #appellatetwitter #lawprof #Judge #WeThePeople @thehill @dcexaminer @WashTimes @washingtonpost @statesman @TexasTribune @TXCivilRights @OslerSCTX pic.twitter.com/PaKMJPQIor
— LawsInTexas (@lawsintexasusa) January 13, 2021
