(PS) Ussery v. Newrez LLC dba Shellpoint Mortgage Servicing
2:24-cv-03699
| E.D. Cal. | Mar 26, 2025Background
- Plaintiff Kimberly Ussery, proceeding pro se, filed a complaint entitled "Notice of Liability" against New Rez LLC dba Shellpoint Mortgage Servicing, alleging unlawful foreclosure proceedings.
- Plaintiff also filed a motion to proceed in forma pauperis, which was granted by the court.
- The case was referred to the magistrate judge for screening under 28 U.S.C. § 1915(e), which permits the court to dismiss frivolous or insufficient claims.
- The complaint failed to specify the legal basis for the court's jurisdiction, factual allegations, or the specific relief sought.
- The court found the complaint did not provide adequate notice of the claims or necessary details to support a viable legal cause of action.
- Plaintiff was granted thirty days to file an amended complaint addressing deficiencies; failure to do so may result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Complaint | Ussery alleges unlawful foreclosure | (No appearance/argument) | Complaint fails to state a claim; dismissed with leave |
| Subject Matter Jurisdiction | Not specified by Ussery | (No appearance/argument) | No jurisdictional basis alleged; must be alleged |
| Notice and Specificity of Claims | Unclear; general claim of wrongdoing | (No appearance/argument) | Lacks facts and particularity; does not meet standards |
| Leave to Amend | Seeks remedy for foreclosure | (No appearance/argument) | Leave to amend granted to cure deficiencies |
Key Cases Cited
- Neitzke v. Williams, 490 U.S. 319 (Defining "frivolous" under 28 U.S.C. § 1915)
- Ashcroft v. Iqbal, 556 U.S. 662 (Pleading requirement for facial plausibility)
- McHenry v. Renne, 84 F.3d 1172 (Complaint must give notice and basis for claim)
- Jones v. Community Redev. Agency, 733 F.2d 646 (Pro se complaints require notice and clear statement of claims)