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Miller-Dixon v. Mae

United States District Court, D. New Jersey

April 2, 2019

JOANNE MILLER-DIXON, Plaintiff,
v.
FANNIE MAE, ANTHONELLA, DENNIS SEECHARAN, AAA COMMUNITY REALTY, and A & K JERSEY CONSTRUCTION OF N.J. LLC, Defendants.

          OPINION

          KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE.

         The plaintiff, Ms. Miller-Dixon, has submitted a pro se complaint. In a separate order, I granted in forma pauperis status and permitted it to be filed without the payment of a filing fee.

         The complaint, filed on August 29, 2018, alleges as follows. (DE 1) The plaintiff, Ms. Miller-Dixon, is a tenant in a building at 43 Hedden Terrace, Newark, New Jersey. In January 2018 the owner sold the premises without "inform[ing Ms. Miller-Dixon] about the auction." She would have wished to submit an offer to purchase the property. The new landlord allegedly has failed to supply proper services. On August 21, 2018, she was summoned to Landlord-Tenant court, but apparently nothing occurred because the plaintiff (in that action) did not appear. Ms. Miller-Dixon did not accept "cash for keys" and the landlord removed the locks.[1]

         Ms. Miller-Dixon wants the money she has paid in rent refunded and put toward improvements to the house. She wants all liens removed from the house, and she wants an order permitting her to purchase the house for $150, 000.

         The complaint was accompanied by a note stating that Ms. Miller-Dixon was "requesting a TRO." On August 30, 2018, I denied that application without prejudice on the following grounds:

There is no affidavit. There is no statement of reasons why relief is sought ex parte, without notice to any of the defendants. The relief sought is primarily money damages, although the plaintiff also wants all liens on the property removed and an "order to purchase house for $150, 000." The complaint appears to relate to a dispute that has been ongoing since January 2018. There is no sufficient showing of likelihood of success, in that the complaint does not identify any particular federal-law claim over which this court would have jurisdiction. In short, there is no sufficient showing on the merits or of immediate harm that would compel entry of a temporary restraining order.

(DE 3)

         Defendant Fannie Mae filed a motion to dismiss the complaint for lack of jurisdiction on January 17, 2019. (DE 11) There has been no response.

         On April 2, 2019, Ms. Miller-Dixon filed a motion for a temporary restraining order to halt a "hearing before Judge Stephen L. Petrillo, J.S.C. on 4/2/2019." (DE 17) That motion was denied. (DE 18) I note, however, the following attachments to die motion, which fill in some of the background:

1) An order of disposition, adjourned until 4/2/2019, directed against Ibn Miller, a fellow tenant, in Landlord-Tenant Court, signed by Judge Petrillo. (ESXLT-3586-19).
2) A copy of die docket sheet in this federal action
3) A receipt for payment of a water bill in die amount of $300, dated 3/21/2019.
4) An Outside Lien Redemption Statement for die property, showing tax liens and a total redemption amount of $8778.22
5) A mortgage on the property, with A&K Jersey Construction as mortgagor and Indus American Bank as mortgagee
6) An internet real estate listing of the property dating from 2015
7) An assignment of leases and rents from A&K Jersey Construction to American Bank, relating to a property in ...

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