Pro Se Steven Thomason’s Repetitive Filings Against Deutsche Bank et al, Go Unnoticed

U.S. District Court
Alabama Middle District (Montgomery)
CIVIL DOCKET FOR CASE #: 2:22-cv-00052-ECM-SMD

Date Filed	#	Docket Text
01/27/2022	1	NOTICE OF REMOVAL by Deutsche Bank from Circuit Court of Montgomery County, Alabama, case number 03-CV-21-000589.00. ( Filing fee $ 402.00 receipt number 4602065803) (Attachments: # 1 State Complaint, # 2 Exhibit 1 – Second Amended & Restated Articles of Association, # 3 Exhibit 2 – Citzen Access Portal, # 4 Exhibit 3 – State Court Record, # 5 Exhibit 4 – Filing Notice of Removal, # 6 Civil Cover Sheet, # 7 Filing Fee)(es, ) Modified on 2/3/2022 to clarity text (es, ). (Entered: 01/28/2022)
01/28/2022	2	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Deutshche Bank; Corporate Disclosures due by 2/7/2022. (Attachments: # 1 Corporate/Conflict Disclosure Attachment)(es, ) (Entered: 01/28/2022)
02/01/2022	3	Exhibit 4 to Notice of Removal by Deutsche Bank. (Bottcher, Christopher) Modified on 2/3/2022 to clarify text as to pleading (es, ). (Entered: 02/01/2022)
02/01/2022	4	Corporate/Conflict Disclosure Statement by Deutsche Bank. (Bottcher, Christopher) (Entered: 02/01/2022)
02/01/2022	5	MOTION to Dismiss by Deutsche Bank. (Bottcher, Christopher) (Entered: 02/01/2022)
02/01/2022	6	MEMORANDUM of Law in Support of 5 MOTION to Dismiss filed by Deutsche Bank. (Bottcher, Christopher) Modified on 2/3/2022 to clarify text as to pleading (es, ). (Entered: 02/01/2022)
03/31/2022	7	ORDER REFERRING CASE: it is ORDERED that the above-styled action is REFERRED to the Magistrate Judge pursuant to 28 USC 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/31/2022. (es, ) (Entered: 03/31/2022)
04/01/2022	8	ORDER: it is ORDERED that Plf must file a response by 4/20/2022, and show cause why the 5 Motion to Dismiss should not be granted; Dft may file a reply by 4/29/2022. Signed by Honorable Judge Kelly F. Pate on 4/1/2022. (es, ) (Entered: 04/01/2022)
04/20/2022	9	Response to Court’s 8 Order filed by Steven Clayton Thomason. (es, ) (Entered: 04/21/2022)
04/20/2022	10	RESPONSE to Diversity Order and Gives Notice to Amend Complaint by Adding Attorneys by Name by Steven Clayton Thomason. (Attachments: # 1 Amended Complaint)(es, ) (Entered: 04/21/2022)
04/20/2022	11	(MOTION to Remand to State Court) Jurisdiction is Here by Challenged by Steven Clayton Thomason. (es, ) Modified on 4/21/2022 (es, ). Modified on 4/21/2022 (es, ). (Entered: 04/21/2022)
04/20/2022	12	Supplemental Response to Court’s 8 Order filed by Steven Clayton Thomason. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(es, ) (Entered: 04/21/2022)
04/29/2022	13	NOTICE of Appearance by Natalie Vann Walker on behalf of Deutsche Bank (Walker, Natalie) (Entered: 04/29/2022)
04/29/2022	14	Reply in Support of 5 MOTION to Dismiss filed by Deutsche Bank. (Walker, Natalie) Modified on 5/2/2022 to clarify text as to pleading. (es, ). (Entered: 04/29/2022)
06/21/2022	15	MOTION to Withdraw as Attorney by Deutsche Bank. (Walker, Natalie) (Entered: 06/21/2022)
06/21/2022	16	MOTION for Mediation by Steven Clayton Thomason. (es, ) (Entered: 06/21/2022)
06/21/2022	17	ORDER granting 15 Motion to Withdraw Natalie Walker as Attorney. Signed by Honorable Judge Kelly F. Pate on 6/21/2022. (es, ) (Entered: 06/21/2022)
07/07/2022	18	Case Reassigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Stephen Michael Doyle as referral judge; Honorable Judge R. Austin Huffaker, Jr and Honorable Judge Kelly F. Pate no longer assigned to the case. (wcl, ) (Entered: 07/07/2022)
07/07/2022	19	NOTICE of Appearance by Joseph Ronderos on behalf of Deutsche Bank (Ronderos, Joseph) (Entered: 07/07/2022)
07/07/2022	20	Objection to re 16 MOTION for Mediation filed by Deutsche Bank. (Ronderos, Joseph) Modified on 7/8/2022 to clarify text (cwl, ). (Entered: 07/07/2022)
09/19/2022	21	BRIEF/MEMORANDUM in Support re 5 MOTION to Dismiss Notice of New Authority filed by Deutsche Bank. (Attachments: # 1 Exhibit Ex. 1: 11th Circuit Slip Opinion)(Reeves, Timothy) (Entered: 09/19/2022)

O R D E R

On July 22, 2022, the Plaintiff filed a Notice of Voluntary Dismissal under Rule 41(a).

(Doc. 34).

Voluntary dismissal in compliance with Fed. R. Civ. P. 41(a)(1)(A)(i) is self- executing.

On August 1, 2022, the Court acknowledged the dismissal and directed the Clerk of the Court to close this case.

(Doc. 35).

Now pending before the Court is the Defendant’s motion for a permanent injunction to enjoin the state court proceedings

(doc. 36).

This case has been dismissed.

The Defendant’s motion seeks to have this Court exercise control over a state court and its proceedings, which the Court finds both inappropriate and unnecessary here.

The appropriate course is for the Defendant to seek relief from the state court if necessary.

Accordingly, it is ORDERED that the Defendant’s motion for a permanent injunction to enjoin the state court proceedings (doc. 36) is DENIED.

DONE this 4th day of August, 2022.

               /s/ Emily C. Marks                                   

EMILY C. MARKS

CHIEF UNITED STATES DISTRICT JUDGE

TRUSTEE’S MOTION TO ENJOIN STATE COURT PROCEEDINGS

Deutsche Bank National Trust Company, As Trustee For Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A (the “Trustee”) moves to enjoin Steven Clayton Thomason (“Thomason”) from proceeding in the removed state court action

In support of this motion, the Trustee states as follows:

1. Although the Trustee does not oppose Thomason’s voluntary dismissal, it does oppose Thomason using the dismissal to revive the removed state court action.

Thomason’s basis for voluntarily dismissing this action is that he filed an amended complaint—the one this Court did not allow him to file—in the state court action (CV-2021-000589) that was removed to this Court and constitutes the instant matter.

2. Not only does Thomason’s amended complaint run afoul of this Court’s order denying his amendment, it also violates §1446, which provides that “the State court shall proceed no further unless and until the case is remanded.” 28 U.S.C. § 1446(d) (emphasis added).

3. The state court lost jurisdiction once the Trustee removed it to this Court.

Roman Catholic Archdiocese of San Juan v. Feliciano, 140 S. Ct. 696, 700 (2020) (quoting Kern v. Huidekoper, 103 U. S. 485, 493 (1881));

Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248, 1254 (11th Cir. 1988)

(“after removal, the jurisdiction of the state court absolutely ceases and the state court has a duty not to proceed any further in the case.”).

4. In instances like this, this Court is authorized to enjoin1 the state court proceedings.

E.g., Maseda, 861 F.2d at 1255 (11th Cir. 1988)

(“Several court decisions also have recognized the power of federal courts to enjoin state courts from proceeding in a removed case.”);

Faye v. High’s of Balt., 541 F. Supp. 2d 752, 759 (D. Md. 2008) (collecting cases);

Vigil v. Mora Indep. Sch., 841 F. Supp. 2d 1238, 1241 (D.N.M. 2012)

(“According to § 1446(d), the All Writs Act, and the Anti- Injunction Act, this Court has express Congressional authorization to enjoin such state court proceedings in order to aid in its jurisdiction.”);

see Erkins v. Am. Bankers Ins. Co., 866 F. Supp. 1373, 1375 (N.D. Ala. 1994)

(“[S]hould the parties or the state court attempt to proceed further in that court while the plaintiffs’ motion to remand is pending in this court, there is no question whatsoever that this court would be empowered and authorized to enjoin those efforts.”).

5. The Trustee requests that this Court enjoin Thomason from proceeding in the removed state court action to stop Thomason’s “attempt to subvert the purposes of the removal statute[.]”

Frith v. Blazon-Flexible Flyer, Inc., 512 F.2d 899, 901 (5th Cir. 1975).

Although Thomason voluntarily dismissed this action, this Court retains its inherent authority to enjoin Thomason from proceeding in the state court action that the Trustee removed.

See Absolute Activist Value Master Fund Ltd. v. Devine, 998 F.3d 1258, 1269 (11th Cir. 2021), cert. denied, 142 S. Ct. 1413, 212 L. Ed. 2d 402 (2022).

See generally Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 398 (1990).

6. Because this case was removed, this Court has exclusive jurisdiction over this action, and Thomason may not proceed in state court because this case was never remanded.

Thomason chose to dismiss this action.

This Court should not allow him to dismiss this action just to revive the removed state court action.

This action should remain dismissed.

WHEREFORE, the Trustee requests this Court enter an order enjoining Thomason from proceeding in Case No. CV-2021-000589.00 (Cir. Ct. Montgomery, Ala.)

/s/ Joseph V. Ronderos

T. Dylan Reeves

Joseph V. Ronderos

Attorney For DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST Series INABS 2006-A, HOME EQUITY MORTGAGE LOAN ASSET-BACKED CERTIFICATES Series INABS 2006-A

OF COUNSEL:
McGlinchey Stafford
505 North 20th Street, Suite 800
Birmingham, AL 35203
(205) 725-6400 (telephone)
(205) 623-0810 (facsimile)
dreeves@mcglinchey.com
jronderos@mcglinchey.com

CERTIFICATE OF SERVICE

I hereby certify that on August 1, 2022, I served via U.S. Mail and filed the foregoing with the Clerk of the Court using the ECF system, and will send notification of such filing to the following:

Steven Clayton Thomason 901 Seibles Road
Montgomery, AL 36116

/s/ Joseph V. Ronderos OF COUNSEL

U.S. District Court
Alabama Middle District (Montgomery)
CIVIL DOCKET FOR CASE #: 2:21-cv-00650-ECM-SMD

Date Filed	#	Docket Text
09/30/2021	1	NOTICE OF REMOVAL by Deutsche Bank National Trust Company from Circuit Court of Montgomery County, case number 03-CV-21-00403.00. (Attachments: # 1 State Court Complaint, # 2 Exhibit 1, # 3 Exhibit 2 – State Court Record, # 4 Exhibit 3 – Notice of Filing to State Court, # 5 Civil Cover Sheet) (cwl, ) (Entered: 10/01/2021)
10/01/2021	2	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Deutsche Bank National Trust Company. Corporate Disclosures due by 10/12/2021. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 10/01/2021)
10/04/2021	3	ORDER REFERRING CASE to the United States Magistrate Judge pursuant to 28 U.S.C. 636 for all pretrial proceedings and entry of any orders or recommendations as may be appropriate. Signed by Chief Judge Emily C. Marks on 10/4/2021. (cwl, ) (Entered: 10/04/2021)
10/04/2021	4	Received Filing fee: $ 402.00, receipt number 4602064814. (cwl, ) (Entered: 10/04/2021)
10/06/2021	5	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Deutsche Bank National Trust Company. (Attachments: # 1 Supplement Memorandum of Law In Support of Motion to Dismiss)(Reeves, Timothy) (Entered: 10/06/2021)
10/08/2021	6	Corporate/Conflict Disclosure Statement by Deutsche Bank National Trust Company re 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Reeves, Timothy) (Entered: 10/08/2021)
10/19/2021	7	MOTION to Remand Under 28 USC 1447(C) by Steven Clayton Thomason. (Attachments: # 1 Exhibit 1)(cwl, ) (Entered: 10/20/2021)
10/20/2021	8	ORDER TO SHOW CAUSE: it is ORDERED that, on or before 11/3/2021, Def shall show cause, if any there be, why the 7 Motion to Remand should not be granted. Signed by Honorable Judge Stephen Michael Doyle on 10/20/2021. (cwl, ) (Entered: 10/20/2021)
10/25/2021	9	MOTION to Remand Under 28 USC 1447(C) by Steven Clayton Thomason. (cwl, ) (Entered: 10/25/2021)
10/25/2021	10	ORDER TO SHOW CAUSE: it is ORDERED that, on or before 11/10/2021, Def shall show cause, if any there be, why the 9 Second Motion to Remand under 28 U.S.C. 1447(c) should not be granted. Signed by Honorable Judge Stephen Michael Doyle on 10/25/2021. (cwl, ) (Entered: 10/25/2021)
10/25/2021	11	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven Clayton Thomason. Corporate Disclosures due by 11/4/2021. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 10/25/2021)
11/01/2021	12	Corporate/Conflict Disclosure Statement by Steven Clayton Thomason re 11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (cwl, ) (Entered: 11/01/2021)
11/01/2021	13	RESPONSE in Opposition re 9 MOTION to Remand to State Court, 7 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company. (Reeves, Timothy) (Entered: 11/01/2021)
11/09/2021	14	Third MOTION to Remand, construed as a reply to 7 , 9 Motions to remand, PURSUANT TO THE COURT’S 15 ORDER by Steven Clayton Thomason. (bes, ) Modified on 11/10/2021 (cwl, ). (Entered: 11/09/2021)
11/10/2021	15	ORDER: construing 14 as a reply to his Motions to Remand (Docs. 7 , 9 ). The Clerk of Court is directed to terminate the motion (Doc. 14 ) and to docket the filing as a reply. Additionally, the parties are ADVISED that, absent explicit permission from the Court, no additional filings will be accepted pending consideration of Plf’s Motions to Remand (Docs. 7 , 9 ), as further set out in order. Additional documents filed without court leave shall be stricken form the docket. Signed by Honorable Judge Stephen Michael Doyle on 11/10/2021. (cwl, ) (Entered: 11/10/2021)
01/07/2022	16	ORDER: it is ORDERED that, on or before 1/28/2022, the parties shall file any supplemental evidence concerning federal diversity jurisdiction, as further set out in order. Signed by Honorable Judge Stephen Michael Doyle on 1/7/2022. (cwl, ) (Entered: 01/07/2022)
01/28/2022	17	AMENDED DOCUMENT (AMENDED NOTICE OF REMOVAL) by Deutsche Bank National Trust Company. re 1 Notice of Removal, . (Attachments: # 1 Exhibit 1 – Deutsche Bank National Trust Companys Second Amended and Restated Articles of Association, # 2 Exhibit 2 – Mortgage)(Ronderos, Joseph) Modified on 1/28/2022 to clean up text (cwl, ). (Entered: 01/28/2022)
01/28/2022	18	MOTION for Discovery limited to Jurisdictional Discovery of Plaintiff’s Citizenship by Deutsche Bank National Trust Company. (Attachments: # 1 Proposed Jurisdictional Discovery)(Ronderos, Joseph) (Entered: 01/28/2022)
02/02/2022	19	ORDER: it is ORDERED that the Motion for Leave to Conduct Jurisdictional Discovery (Doc. 18 ) is GRANTED. Deutsche Bank shall propound its jurisdictional discovery requests upon Thomason on or before 2/9/2022. It is further ORDERED that Thomason shall respond fully to all jurisdictional discovery requests on or before 2/23/2022. Finally, it is ORDERED that, on or before 3/9/2022, Deutsche Bank shall file a second amended notice of removal containing supplemental evidence establishing Thomason’s citizenship. Failure to do so may result in a recommendation that this case be remanded to the Circuit Court of Montgomery County, Alabama. Signed by Honorable Judge Stephen Michael Doyle on 2/2/2022. (cwl, ) (Entered: 02/02/2022)
02/15/2022	20	Response to Order re 19 Order, by Steven Clayton Thomason. (Attachments: # 1 Exhibit 1)(cwl, ) (Entered: 02/15/2022)
02/24/2022	21	MOTION to Compel RESPONSES TO JURISDICTIONAL DISCOVERY by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit 1)(Ronderos, Joseph) (Entered: 02/24/2022)
03/02/2022	22	ORDER: it is ORDERED that Deutsche Bank shall attempt to confer with Thomason and resolve any dispute related to jurisdictional discovery either via telephone or face-to- face using video teleconference on or before 3/16/2022, and that Thomason shall participate in the conference in good faith. It is further ORDERED that Deutsche Bank’s Motion to Compel Jurisdictional Discovery (Doc. 21 ) is DENIED with leave to refile, as further set out in order. Finally, it is ORDERED that the second amended notice of removal deadline currently set for 3/9/2022, is RESET. Deutsche Bank shall file its second amended notice of removal on or before 4/1/2022. Signed by Honorable Judge Stephen Michael Doyle on 3/2/2022. (cwl, ) (Entered: 03/02/2022)
03/07/2022	23	STATUS REPORT by Deutsche Bank National Trust Company. (Ronderos, Joseph) (Entered: 03/07/2022)
03/16/2022	24	MOTION to Compel Responses to Jurisdictional Discovery by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit 1 – 2.2.2022 Letter Serving Jurisdictional Discovery, # 2 Exhibit 2 – 3.7.2022 Good Faith Letter, # 3 Exhibit 3 – Emails To Plaintiff)(Ronderos, Joseph) (Entered: 03/16/2022)
03/17/2022	25	ORDER: it is ORDERED that Plaintiff shall show cause, if any there be, why the 24 Motion to Compel Responses to Jurisdictional Discovery should not be granted. Plaintiff shall file his response on or before 3/29/2022. It is further ORDERED that the second amended notice of removal deadline currently set for 4/1/2022, is RESET. Defendant shall file its second amended notice of removal on or before 4/15/2022. Signed by Honorable Judge Stephen Michael Doyle on 3/17/2022. (mailed CMRRR to plf) (cwl, ) Modified on 3/17/2022 to add mailed cmrrr (cwl, ). (Entered: 03/17/2022)
04/07/2022	26	ORDER: it is ORDERED that Deutsche Bank’s Motion to Compel Responses to Jurisdictional Discovery (Doc. 24 ) is GRANTED. Thomason shall respond to jurisdictional discovery on or before 4/21/2022, as further set out in order. It is ORDERED that the amended notice of removal deadline currently set for 4/15/2022, is RESET. Deutsche Bank shall file its amended notice of removal on or before 5/5/2022. Signed by Honorable Judge Stephen Michael Doyle on 4/7/2022. (cwl, ) (Entered: 04/07/2022)
04/11/2022	27	Response to Order (Plaintiff Responds to Diversity Order & Gives Notice to Amend Complaint by Adding Attorneys by Name) re 26 Order, filed by Steven Clayton Thomason, construed as a motion to amend complaint & as responses to jurisdictional discovery, pursuant to the court’s 29 Order . (Attachments: # 1 Attachment)(cwl, ) Modified on 6/15/2022 (cwl, ). (Entered: 04/12/2022)
05/05/2022	28	Second Amended Notice of Removal by Deutsche Bank National Trust Company re 1 Notice of Removal. (Attachments: # 1 Exhibit 1 – Deutsche Bank National Trust Companys Second Amended and Restated Articles of Association, # 2 Exhibit 2 – Recorded Mortgage, # 3 Exhibit 3 – Unanswered Jurisdictional Discovery and Requests for Admission)(Ronderos, Joseph) Modified on 5/5/2022 to clarify the docket text (bes, ). (Entered: 05/05/2022)
06/15/2022	29	RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the undersigned that Thomason’s Motions to Remand (Docs. 7 , 9 ) be DENIED, and that this Court should exercise subject-matter jurisdiction over the case. Objections to R&R due by 6/29/2022. It is ORDERED that Thomason’s Motion for Leave to Amend (Doc. 27 ), as construed, is DENIED with leave to refile after the determination of whether this Court has subject-matter jurisdiction. Finally, it is ORDERED that, should this Recommendation be adopted, Thomason shall file a written response and show cause, if any there be, why Deutsche Banks Motion to Dismiss (Doc. 5 ) should not be granted. Such response shall be filed within one week of the adoption of this Recommendation. Signed by Honorable Judge Stephen Michael Doyle on 6/15/2022. (cwl, ) (Entered: 06/15/2022)
06/21/2022	30	MOTION for Mediation by Steven Clayton Thomason. (cwl, ) (Entered: 06/21/2022)
06/24/2022	31	OBJECTION & RESPONSE in Opposition to Magistrate Judge 29 Recommendation by Steven Clayton Thomason. (es, ) (Entered: 06/24/2022)
07/07/2022	32	Objection to re 30 MOTION for Mediation filed by Deutsche Bank National Trust Company. (Ronderos, Joseph) Modified on 7/8/2022 to clarify text (cwl, ). (Entered: 07/07/2022)
07/11/2022	33	MEMORANDUM OPINION and ORDER: it is ORDERED as follows: 1) The Plaintiff’s objections (doc. 31 ) are OVERRULED. 2) The Recommendation of the Magistrate Judge (doc. 29 ) is ADOPTED. 3) The Plaintiff’s motions to remand (docs. 7 and 9 ) are DENIED. 4) This case is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge Emily C. Marks on 7/11/2022. (cwl, ) (Entered: 07/11/2022)
07/22/2022	34	Pro Se NOTICE of Voluntary Dismissal under Rule 41 (a) Dismissal of Actions without Prejudice by Steven Clayton Thomason (cwl, ) (Entered: 07/22/2022)
08/01/2022	35	ORDER: On July 22, 2022, the Plaintiff filed a 24 Notice of Voluntary Dismissal under Rule 41(a); Voluntary dismissal in compliance with FRCP 41(a)(1)(A)(i) is self-executing. Accordingly, this action has been dismissed without prejudice by operation of law; DIRECTING the Clerk of the Court is to close this case. Signed by Chief Judge Emily C. Marks on 8/1/2022. (es, ) (Main Document 35 replaced on 8/3/2022) (es, ). (Entered: 08/01/2022)
08/01/2022	36	MOTION for Permanent Injunction to Enjoin State Court Proceedings by Deutsche Bank National Trust Company. (Ronderos, Joseph) (Entered: 08/01/2022)
08/03/2022	37	NOTICE of Correction re 35 Order Dismissing Case, to reflect document # 34 as the Notice of Voluntary Dismissal filed by the plaintiff. (Attachments: # 1 Corrected Main PDF Document for Doc Entry 35 )(es, ) (Entered: 08/03/2022)
08/04/2022	38	ORDER: it is ORDERED that the Dft’s 36 motion for a permanent injunction to enjoin the state court proceedings is DENIED. Signed by Chief Judge Emily C. Marks on 8/4/2022. (es, ) (Entered: 08/04/2022)

Before JORDAN, NEWSOM, and BLACK, Circuit Judges. PER CURIAM:

Steven Thomason, proceeding pro se, appeals following the district court’s dismissal of his civil complaint alleging Deutsche Bank National Trust Company (Deutsche Bank) illegally fore- closed on his property, in violation of Alabama law. Thomason raises several issues on appeal, which we address in turn.

After review, we affirm the district court.

I. BACKGROUND

In 2005, Thomason’s wife borrowed money from a lender to purchase property located in Montgomery, Alabama (the Property).

She executed two promissory notes (the Notes) at closing.

As security for the Notes, she and Thomason executed two separate mortgages to the lender’s nominee.

The Thomasons defaulted on the Notes, and Thomason’s wife died in October 2009.

In February 2011, the lender’s nominee transferred and assigned the first mortgage to Deutsche Bank as Trustee.

Deutsche Bank, in turn, notified Thomason it had accelerated the unpaid balance of the debt and intended to seek nonjudicial foreclosure of the Property.

Before the foreclosure was scheduled to take place, Thomason filed actions against Deutsche Bank and other defendants to stop the foreclosure or to obtain damages for wrongful foreclosure and other improprieties.

Thomason filed Thomason v. OneWest Bank, FSB, et al., No. 2:12-cv-00604-MHT-WC (Thomason I),

a pro se complaint in the Middle District of Alabama alleging various mortgage-based claims under federal law.

The district court disposed of Thomason I in stages, and eventually granted summary judgment to the defendants.

As he was litigating Thomason I,

Thomason filed Thomason v. Ocwen Loan Servicing, LLC et al., No. 2:19-cv-00256-ECM-SMD (Thomason II),

a pro se complaint in the Circuit Court of Montgomery County that was removed to federal court, alleging several state law claims relating to the mortgage.

The district court also dismissed this case with prejudice.

In 2020, Thomason filed the instant action,

Thomason v. Deutsche Bank National Trust Company (2:20-cv-00292), District Court, M.D. Alabama (Thomason III)

a pro se complaint against Deutsche Bank in the Circuit Court of Montgomery County.

After the bank removed the case to federal court, he filed a counseled amended complaint against Deutsche Bank seeking, inter alia, a permanent injunction against foreclosure of the Property, and a claim for “wantonness.”

The district court dismissed Thomason’s complaint because, among other reasons, Thomason I and Thomason II meant res judicata barred his claims.

U.S. District Court
Alabama Middle District (Montgomery)
CIVIL DOCKET FOR CASE #: 2:20-cv-00292-WKW-KFP

Date Filed	#	Docket Text
04/30/2020	1	NOTICE OF REMOVAL by Deutsche Bank National Trust Company from Circuit Court of Montgomery County, Alabama,, case number 03-CV-20-00214. ( Filing fee $ 400.00 receipt number 4602057768) (Attachments: # 1 State Court Complaint, # 2 Exhibit 1 – State Court Record, # 3 Exhibit 2 – Notice of Filing with State Court, # 4 Civil Cover Sheet, # 5 Receipt)(bes, ) (Entered: 05/05/2020)
04/30/2020	2	Corporate/Conflict Disclosure Statement by Deutsche Bank National Trust Company. (bes, ) (Entered: 05/05/2020)
05/07/2020	3	NOTICE of Appearance by Joseph Ronderos on behalf of Deutsche Bank National Trust Company (Ronderos, Joseph) (Entered: 05/07/2020)
05/07/2020	4	Exhibit 3 to 1 Notice of Removal, (Exhibit 3) filed by Deutsche Bank National Trust Company. (Reeves, Timothy) Modified on 5/8/2020 to clarify text as reflected in pleading (am, ). (Entered: 05/07/2020)
05/08/2020	5	MOTION for More Definite Statement by Deutsche Bank National Trust Company. (Reeves, Timothy) (Entered: 05/08/2020)
05/11/2020	6	TEXT ORDER: Telephonic Hearing set for 5/14/2020 at 01:30 PM before Honorable Judge Andrew L. Brasher; Call-in information will be provided to counsel separately from this order. Signed by Honorable Judge Andrew L. Brasher on 5/11/2020. (Furn: Calendar, dh) (No PDF attached to this entry) (bes, ) (Entered: 05/11/2020)
05/14/2020	7	Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Telephone Conference held on 5/14/2020 (PDF available for court use only). (Court Reporter Patricia Starkie.) (dh) (Entered: 05/14/2020)
05/15/2020	8	TEXT ORDER granting 5 Motion for More Definite Statement; Plaintiff is given leave to amend his 1 complaint within 7 days for the reasons given in the telephonic hearing held on 5/14/2020. Signed by Honorable Judge Andrew L. Brasher on 5/15/2020. (No PDF attached to this entry) (bes, ) (Entered: 05/15/2020)
05/18/2020	9	AMENDED COMPLAINT including Request for Preliminary Injunction against Deutsche Bank National Trust Company, filed by Steven Clayton Thomason. (Attachments: # 1 Exhibit Acceleration Feb. 21, 2012, # 2 Exhibit Acceleration June 28, 2018, # 3 Exhibit Letter – Debt Collector)(Sawyer, Kyle) (Entered: 05/18/2020)
05/19/2020	10	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven Clayton Thomason; Corporate Disclosures due by 5/29/2020. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 05/19/2020)
05/19/2020	11	ORDER directing defendant to respond to the 9 REQUEST for Preliminary Injunction by 5/25/2020; counsel for the parties are directed to confer and inform the court by 5/22/2020 whether an evidentiary hearing is necessary. Signed by Honorable Judge Andrew L. Brasher on 5/19/2020. (djy, ) (Entered: 05/19/2020)
05/20/2020	12	Corporate/Conflict Disclosure Statement by Steven Clayton Thomason re 10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Sawyer, Kyle) (Entered: 05/20/2020)
05/21/2020	13	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Deutsche Bank National Trust Company. (Reeves, Timothy) (Entered: 05/21/2020)
05/21/2020	14	BRIEF/MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit Ex. 1 Note, # 2 Exhibit Ex. 2 Mortgage, # 3 Exhibit Ex. 3 Assignment)(Reeves, Timothy) (Entered: 05/21/2020)
05/22/2020	15	Joint Response to Order regarding Preliminary Injunction by Steven Clayton Thomason, Deutsche Bank National Trust Company. (Sawyer, Kyle) Modified on 5/26/2020 to add the Dft as a filer and to clarify the docket text (bes, ). (Entered: 05/22/2020)
05/25/2020	16	RESPONSE in Opposition re MOTION for Preliminary Injunction filed by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit Ex. 1 Note, # 2 Exhibit Ex. 2 Mortgage, # 3 Exhibit Ex. 3 Assignment, # 4 Exhibit Ex. 4 Payment History)(Reeves, Timothy) (Entered: 05/25/2020)
05/26/2020	17	Evidentiary Submission re 16 Response in Opposition to Motion, Exhibit 5, Payoff Statement filed by Deutsche Bank National Trust Company. (Reeves, Timothy) (Entered: 05/26/2020)
05/26/2020	18	Reply to re 16 Response in Opposition to Motion regarding Preliminary Injunction by Steven Clayton Thomason. (Attachments: # 1 Exhibit Warranty Deed JTROS)(Sawyer, Kyle) Modified on 5/26/2020 to clarify the docket text (bes, ). (Entered: 05/26/2020)
05/27/2020	19	MOTION to Strike 18 Reply by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit Ex. 1 Recorded Mortgage)(Reeves, Timothy) Modified on 5/28/2020 to clarify the docket text (bes, ). (Entered: 05/27/2020)
05/27/2020	20	RESPONSE to Motion re 19 MOTION to Strike 18 Reply filed by Steven Clayton Thomason. (Sawyer, Kyle) Modified on 5/28/2020 to clarify the docket text (bes, ). (Entered: 05/27/2020)
06/01/2020	21	MEMORANDUM OPINION AND ORDER: the 9 motion for a preliminary injunction is due to be DENIED, as further set out in order. Signed by Honorable Judge Andrew L. Brasher on 6/1/2020. (bes, ) (Entered: 06/01/2020)
06/04/2020	22	ORDER TO SHOW CAUSE by the Plf as to why the Dft’s 13 Motion to Dismiss for Failure to State a Claim should not be granted; Show Cause Response due by 6/30/2020. Signed by Honorable Judge Andrew L. Brasher on 6/4/2020. (bes, ) (Entered: 06/04/2020)
06/30/2020	23	RESPONSE in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Clayton Thomason. (Attachments: # 1 Exhibit Warranty Deed JTROS, # 2 Exhibit Affidavit of Surviving Spouse, # 3 Exhibit Quitclaim Deed, # 4 Exhibit SCRA Documents 2020, # 5 Exhibit SCRA Documents 2018)(Sawyer, Kyle) (Entered: 06/30/2020)
07/14/2020	24	Case Reassigned to Honorable Judge William Keith Watkins as Presiding Judge; Honorable Judge Andrew L. Brasher no longer assigned to the case. (amf, ) (Entered: 07/14/2020)
03/19/2021	25	ORDER: it is ORDERED that Defendant’s 19 Objection and Motion to Strike the reply brief Plaintiff filed in support of his motion for preliminary injunction is DENIED as moot. Signed by Honorable Judge William Keith Watkins on 3/19/2021. (amf, ) (Entered: 03/19/2021)
04/12/2021	26	MEMORANDUM OPINION AND ORDER: it is ORDERED that Deutsche Bank’s 13 motion to dismiss is GRANTED and that this action is DISMISSED with prejudice; Final judgment will be entered separately. Signed by Honorable Judge William Keith Watkins on 4/12/2021. (amf, ) (Entered: 04/12/2021)
04/12/2021	27	FINAL JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that this action is dismissed with prejudice; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge William Keith Watkins on 4/12/2021. (Attachments: # 1 Civil Appeals Checklist)(amf, ) (Entered: 04/12/2021)
05/12/2021	28	PRO SE NOTICE OF APPEAL by Steven Clayton Thomason as to 27 Final Judgment, 26 Memorandum Opinion and Order entered 4/12/2021. (dmn, ) (Entered: 05/13/2021)
05/13/2021	29	USCA Appeal Fees received $ 505 receipt number 4602063326 re 28 Notice of Appeal filed by Steven Clayton Thomason. (dmn, ) (Entered: 05/13/2021)
05/13/2021	30	Transmission of 28 Pro Se Notice of Appeal, 29 USCA Appeal Fees, 27 Final Judgment, 26 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: # 1 Docket Sheet and Appeal Record)(dmn, ) (Entered: 05/13/2021)
05/14/2021	31	USCA Case Number 21-11639-A for 28 Notice of Appeal filed by Steven Clayton Thomason. Fee Status: Fee Paid. Awaiting Appellant’s Certificate of Interested Persons due on or before 5/27/2021 as to Appellant Steven Clayton Thomason. Awaiting Apellee’s Certificate of Interested Persons due on or before 6/10/2021 as to Appellee Deutsche Bank National Trust Company. (dmn, ) (Entered: 05/14/2021)
05/24/2021	32	TRANSCRIPT INFORMATION FORM by Steven Clayton Thomason re 28 Notice of Appeal, Appeal No. 21-11639-A with the following notation, “No transcript is required for appeal purposes.” (dmn, ) (Entered: 05/25/2021)
10/18/2021	33	Clerk’s Entry of Dismissal issued as Mandate of USCA as to 28 Notice of Appeal filed by Steven Clayton Thomason, 11th Circuit Appeal No. 21-11639-AA. This appeal was treated as dismissed on 9/27/2021. Pursuant to the 11th Cir. R. 42-2(c), this appeal is DISMISSED for want of prosecution because the appellant Steven Clayton Thomason failed to file an appendix within the time fixed by the rules, effective 10/18/2021. FOR THE COURT BY DIRECTION. (dmn, ) (Entered: 10/18/2021)
01/28/2022	34	ORDER of USCA as to 28 Notice of Appeal filed by Steven Clayton Thomason, 11th Circuit Appeal No. 21-11639-AA: The referenced appeal was dismissed. The motion to reinstate filed by the Appellant is hereby GRANTED. Appellant’s motion to return to paper filing upon reinstatement is GRANTED. Appellee’s brief due (30) days from the date of this letter. BY THE COURT. (dmn, ) (Entered: 01/31/2022)
09/19/2022	35	Per Curiam Opinion received from USCA on 11th Circuit Appeal No. 21-11639-AA as to Appellant Steven Clayton Thomason. Decision: AFFIRMED in part, DISMISSED in part. Opinion type: Non-Published. Motion to supplement the record filed by Appellee Deutsche Bank National Trust Company is GRANTED. Motion for Injunction Pending Appeal filed by Appellant Steven Clayton Thomason is DISMISSED as MOOT. The opinion is also available through the Court’s Opinions page at this link http://www.ca11.uscourts.gov/opinions. (dmn, ) (Entered: 09/19/2022)

Honorable Myron H. Thompson

Judge Thompson is a United States District Judge for the Middle District of Alabama.

He was nominated to that seat in September 1980 by President Jimmy Carter. He served as Chief Judge from 1991 to 1998.

Judge Thompson is a graduate of Yale College (B.A. 1969) and Yale Law School (J.D. 1972).

He served as an Assistant Attorney General of Alabama from 1972 to 1974.

He was the first African-American Assistant Attorney General for the State of Alabama, the first African-American bar examiner for the State, and the second African-American federal judge in the State.

Judge Thompson was in private practice from 1974 until 1980.

He was a Founding Director and Board Chairman of the Alabama Legal Services Corporation.

Judge Thompson has contributed to the development of legal scholarship by serving as Jurist in Residence at Pace Law School in 2012, delivering the Dean’s Lecture at Yale Law School in 2004, and serving as a New York University Law School Scholar in Residence in 1998 and 1999.

He was the Eleventh Circuit’s District Judge Representative on the Judicial Conference of the United States from 2007 through 2011

and was chair of the District Judges Representatives to the Conference from 2010 through 2011.

As Chief Judge, he was instrumental in preserving the Montgomery bus station where the Freedom Riders were attacked in 1961 and in establishing the Freedom Rides Museum.

In May 2022, Yale University awarded an Honorary Doctor of Laws degree to Judge Thompson and stated,

“Audacious advocate and learned legal scholar, you have made justice both a career and a calling. In the courtroom, you tenaciously defend equity, liberty and dignity for all; in the classroom, you teach others to walk the same path. Your long service to your home state inspires us; your commitment to your alma mater humbles us. As a testament to your impact, and with the utmost pleasure, we award you your third Yale degree, Doctor of Laws.”

In 2017, for having made a substantial contribution to public service and the legal profession, Judge Thompson received the Yale Law School Award of Merit, the highest award the law school may give to a graduate and faculty member.

He was also named a 2017 Alabama Humanities Foundation fellow in honor of his noteworthy achievements and commitment to the advancement of the humanities in Alabama.

In 2015, Judge Thompson received the National Public Service Award from Stanford Law School, in recognition that his “work on behalf of the public has had national impact.”

In 2013, he was awarded the Thurgood Marshall Award by the National Bar Association’s Judicial Council in recognition of his “personal contributions and extraordinary commitment to the advancement of civil rights and for being a role model for members of the bench and bar.”

He received the 2005 Mark De Wolfe Howe Award from the Harvard Civil Rights – Civil Liberties Law Review “for his Unyielding Commitment to Advancing the Personal Freedoms and Human Dignities of the American People.”

In 2008, he received the Judge Jane M. Bolin Service Award from the Yale Law School BLSA in recognition of his “Outstanding Dedication and Support to Yale BLSA and Contributions to the Legal Community.”

Thomas Goode Jones Law School awarded him an honorary J.D. degree in 2010 and the Ernestine Sapp Justice Award in 2009.

In 2009 he also received an Honoree Award from the Touro Law School BLSA.

Judge Thompson and his wife have three sons.

Education

Chambliss Children’s House, 1961
Tuskegee Institute High School, 1965
Yale University, B.A., 1969
Yale Law School, J.D., 1972

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During the pendency of his appeal to the state circuit court,

Thomason attempted to appeal his conviction to the Alabama Court of Criminal Appeals.

Doc. # 12-4.

The Alabama Court of Criminal Appeals dismissed the appeal on March 10, 2016, explaining that “jurisdiction of one case cannot be in two courts at the same time” and that jurisdiction of Thomason’s case was in the Elmore County Circuit Court. Doc. # 12-5 at 1.

On September 19, 2016, when Thomason failed to appear for the trial de novo,

the Elmore County Circuit Court dismissed his appeal

and remanded the case to the district court to enforce his sentence.

See Doc. # 12-2 at 6; Doc. # 12-3; Doc. # 12-7 at 1.

The circuit court noted on its case action summary that Thomason’s sentence was to begin on September 19, 2016.

Doc. # 12-2 at 6.

Thomason attempted to appeal the circuit court’s order of dismissal to the Alabama Court of Criminal Appeals,

but the appeal was dismissed on grounds that the circuit court’s order was unappealable.

Doc. # 12-7.

On May 11, 2017, Thomason filed a petition in the district court collaterally attacking his conviction under Rule 32 of the Alabama Rules of Criminal Procedure.

See Doc. # 12-8 at 1.

The district court denied Thomason’s Rule 32 petition on July 11, 2017.

Doc. # 12-8 at 1.

Thomason did not appeal that dismissal,

but on July 14, 2017, he filed in the Alabama Court of Criminal Appeals what that court construed as a petition for writ of mandamus.

Doc. # 12-9. The Alabama Court of Criminal Appeals transferred the mandamus petition to the Elmore County Circuit Court for disposition.

Docs. # 12-9 & 12- 10.

The circuit court denied the mandamus petition on October 3, 2017.

Docs. # 12-11 & 12-12.

Thomason appealed to the Alabama Court of Criminal Appeals,

which dismissed the appeal on November 28, 2017, because Thomason failed to pay the requisite filing fee. Doc. # 12-13.

Thomason petitioned the Alabama Supreme Court for review of the Alabama Court of Criminal Appeals’ ruling,

and the petition for certiorari was stricken on February 27, 2018, because it was untimely filed. Docs. # 12-13 & 12-14.

Thomason cursorily asserts that he was still in custody when he filed his § 2254 petition because

“he has been exhausting every state remedy to overturn his conviction”

and thus he

“never started to serve any sentence.”

Doc. # 14 at 26.

But Thomason presents no evidence that his term of unsupervised probation did not start to run on September 19, 2016, or that the 12-month term was delayed or abated by any state court order before expiring on around September 19, 2017.

The mere fact that Thomason pursued various state court proceedings in attempting to overturn his conviction and sentence after September 19, 2016, by itself, would not keep Thomason’s sentence from starting to run on the date it was imposed.

Thomason was not in custody when he filed his § 2254 petition.

This court therefore lacks jurisdiction.

V. CONCLUSION

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Thomason’s petition for writ habeas corpus under 28 U.S.C. § 2254 be DISMISSED for lack of jurisdiction. Alternatively, even if Thomason was “in custody” when he filed this petition,

the petition should be denied as time-barred and this case dismissed with prejudice.

Thomason v. Alabama Home Builders Licensure Bd., No. 20-12685 (11th Cir. Oct. 13, 2021)

This suit is Mr. Thomason’s second suit on this topic.

In an earlier action removed to this court, Mr. Thomason sued the Board and its then-current members, challenging the Board’s refusal to give him an unlimited license under a Washington County grandfathering provision.

See Thomason v. Ala. Home Builders Licensure Bd. (Thomason I), No. 2:15cv26-WKW (M.D. Ala. Jan. 13, 2015).

Thomason I encompassed the same claims and facts as this suit against the Board and its then-serving members.

See id., ECF 19 (Am. Compl.).

Thomason I suffered dismissal with prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. See id., ECF 121 (Final Judgment).

The judgment was affirmed on appeal.

(Docs. # 136, 140.)

It is clear from the face of the complaint and from the judicially noticed facts that Thomason I precludes this action under the doctrine of res judicata. Accordingly, Rule 12(b)(6) dismissal is appropriate.

VI. CONCLUSION

For the foregoing reasons, it is ORDERED that Defendants’ motion to dismiss on grounds of res judicata (Doc. # 44) is GRANTED.

Final judgment will be entered separately.