United States District Court, D. New Jersey
MCNULTY, UNITED STATES DISTRICT JUDGE.
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.
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
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.
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
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.
Fannie Mae filed a motion to dismiss the complaint for lack
of jurisdiction on January 17, 2019. (DE 11) There has been
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
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.
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
6) An internet real estate listing of the property dating
7) An assignment of leases and rents from A&K Jersey
Construction to American Bank, relating to a property in