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Wilkerson v. Gozdan

United States District Court, M.D. Alabama, Northern Division

July 29, 2014

EDDIE WILKERSON, Plaintiff,
v.
STEPHAN GOZDAN, Chief Financial Officer, Cenlar, et al., Defendants.

ORDER and RECOMMENDATION OF THE MAGISTRATE JUDGE

SUSAN RUSS WALKER, Chief Magistrate Judge.

By order entered on July 25, 2014, the District Judge has referred this case to the undersigned for action or recommendation on all pretrial matters. (Doc. # 5). Plaintiff Eddie Wilkerson, proceeding pro se, has filed a motion for leave to proceed in forma pauperis in this action (Doc. # 2). Upon consideration of the motion, it is

ORDERED that the motion is GRANTED. However, upon review of the complaint, the court concludes that plaintiff's claims are due to be dismissed pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii), prior to service of process, as plaintiff has failed to state a claim on which relief may be granted.[1]

Thus, it is further

ORDERED that service of the summons and complaint is STAYED pending further order of the court directing such service.

PLAINTIFF'S CLAIMS

Wilkerson brings this action against defendants Stephen Gozdan, Chief Financial Officer of Cenlar, [2] and Robert D. Stiles, Chief Financial Officer of Nationstar Mortgage. The facts he alleges in support of his claims are as follows:

I acknowledge Cenlar mortgage with account number XXXXXXXXXX on the house at 4343 Longleaf Drive Montgomery, Alabama. I also acknowledge Nationstar as the Deed holder and they contracted Cenlar to collect the mortgage.
On 12/3/13 I mailed a priority letter with tracking number 9114901123086525044717 to Stephen Gozdan with a Bank Giro Credit slip and Promissory Note inside as payment for my house with account number XXXXXXXXXX.
In the proceeding weeks I mailed Stephen Gozdan three letters ten (10) days apart asking them to credit my account or give me my Bank Giro Credit slip and Promissory Note back and he never did.
* * * * *
On 4/17/14 Stephen Gozdan received a letter delivered to them by UPS with tracking number 1Z3E65A413953-4579 and inside was a notarized " Writ in the Nature of Discovery and Disclosure " [PLPY 00113 PAGE 0276-0277].
In the Writ I asked for twelve (12) specific questions that they must answer so that we can clear up the account.
Stephen Gozdan was given twenty (20) days to answer the " Writ in the Nature of Discovery and ...

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