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Terry v. First Merit Nat'l Bank

United States District Court, D. Columbia.

December 17, 2014

RICHARD N. TERRY, Plaintiff
v.
FIRST MERIT NATIONAL BANK, Defendant

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RICHARD N. TERRY, Plaintiff, Pro se, Gahanna, OH.

For FIRST MERIT NATIONAL BANK, Defendant: Martin Stuart Goldberg, LEAD ATTORNEY, THE FISHER LAW GROUP, PLLC, Upper Marlboro, MD.

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MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge.

Richard N. Terry, proceeding pro se, brought this action against Defendant First Merit National Bank.[1] While the precise nature of the claims in this action is far from clear from the pleadings, Plaintiff appears to challenge actions surrounding the foreclosure of a property in Ohio. See Compl. at 2. Presently before the Court is Defendant's [13] Motion to Dismiss. Upon consideration of the pleadings,[2] the relevant legal authorities, and the record as a whole, the Court GRANTS Defendant's Motion to Dismiss. The Court concludes that, under the Rooker-Feldman doctrine, it does not have jurisdiction over this action effectively challenging a state-court final judgment. The Court also concludes that it has no personal jurisdiction over Defendant. Because the Court has no jurisdiction over any of the claims in this action, the Court does not address any of Defendant's arguments pertaining to the merits. The Court DISMISSES this action in its entirety.

I. BACKGROUND

A. Factual Background

The facts of this case are far from clear. At core, this action appears to pertain to the foreclosure of a property in Ohio state court. See Compl at 2 (" The matter in general seeks to adequately challenge the foreclosure on a mortgage to the following described property in Franklin County, Ohio" ). Plaintiff describes the property in question as " Hunter's Ridge Sec. 8 Lot 507." That description refers to the property with the address, 652 Lytton Ct., Gahanna OH 43230, which is also Plaintiff's address. See Compl. at 32, Exhibit " A" to Planned Unit Development Rider. The property was subject to foreclosure in the Franklin County, Ohio, Court of Common Pleas, case number 13 CV 006485, with a judgment of foreclosure issued June 9, 2014. See Mot. to Dismiss, Ex. C. Because the Court concludes, below, that it has no jurisdiction over any of the claims in this action and because Plaintiff has not conveyed them in a clear fashion, it is not necessary to recite the facts further at this point. Insofar as the facts of this case are essential to resolving the jurisdictional questions before the Court, the Court presents them below.

B. Procedural History

On July 16, 2014, Plaintiff filed this action, proceeding pro se. On August 11,

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2014, Plaintiff filed a [10] Motion for Immediate Default Judgment. On August 14, 2014, the Court denied Defendant's default judgment motion and granted Defendant's [6] Motion to Extend Time to Respond to Plaintiff's Complaint. Defendant complied with the deadline established by the Court's order, filing their [13] Motion to Dismiss on September 8, 2014. The Court advised Plaintiff that, if Plaintiff did not respond to Defendant's Motion to Dismiss, the Court may grant the motion as conceded. The Court also advised Plaintiff that, because the motion is supported by facts outside of the complaint, the Court may consider it as a motion for summary judgment and, therefore, Plaintiff is required to rebut Defendant's affidavits with other affidavits or other sworn statements.[3] In response, Plaintiff filed an ...


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