Editors Choice

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

The infamous No Free Houses Judge Patrick Higginbotham elects to hide his emotions in the 3-panel unpublished opinion – but on the docket, enjoys a final dig at the unsophisticated IFP pro se homeowner – labeling it a frivolous appeal.

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UNPUBLISHED OPINION FILED.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).

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Court of Appeals Docket #: 19-10727 Docketed: 06/28/2019
Termed: 01/14/2021
Nature of Suit: 3220 Foreclosure
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
     3)
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 Open Document 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 Open Document 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 Open Document APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [19-10727] (Michael Carrer ) [Entered: 02/07/2020 10:29 AM]
02/07/2020 Open Document 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 Open Document 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 Open Document 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 Open Document 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 Open Document JUDGMENT ENTERED AND FILED. [19-10727] (NFD) [Entered: 01/14/2021 10:45 AM]

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)

A Frivolous Foreclosure Appeal? Well, Only Per the Docket This Time.
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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