United States District Court, W.D. Arkansas, Fort Smith Division
GLICENIA C. LOGAN PLAINTIFF
SHELLPOINT/COUNTRYWIDE/BANK OF AMERICA (Trustee/Home Loan Serv/Banking and Loans) DEFENDANTS
OPINION AND ORDER
HOLMES, III U.S. DISTRICT JUDGE
proceeds in this matter pro se. Currently before the
Court are Plaintiff's Motions for in forma
pauperis status (ECF No's. 34, 45), Motion to Secure
All Claims with a Small Brief to Support her Liability of
Wrongdoing (ECF No. 51), Motion to Reconsider (ECF No. 66),
Motion to Increase the Amount of her Damage Request and for
Default Judgment (ECF No. 67), Motion for Extension of Time
to Complete Discovery and to Postpone the Case for Six Months
(ECF No. 69), and Motion to Amend Complaint (ECF No. 72).
filed her Complaint on September 1, 2019. (ECF No. 1). Her
sparse allegations appear to reference the condemnation of an
unidentified parcel of real property. (Id. at 5-6).
The entirety of her claim is stated as follows:
“I Purchase the property in 2003 with my spouse, in
2004 I Started a Daycare to able to profit and make a
Different, 2005-2006 Started Working on the building on the
road to the daycare, got my daycare Address Register at 4513
Park Road next to my house, I send $500 to Bank of America in
2008 also I Survey the one Acre for the daycare Started my
Garden and Rabbits farm to allowed the kids to eat healthy
and allowed to to learn about the animal, they health, etc I
pay about $75, 000 within 10 years with all my work and
Investment I have spend roughtlyabout $98, 000
Due to lack of accountability of Shellpoint, attorney
Countrywide, Bank of America, Brian Light, the judge and
Court not listening to me know Fema Condemn the house till I
fix it up know I have more than a sick spouse to think about
his health but to put a roof over his head[.]”
(Id. at 5) (errors in original). Plaintiff's
Complaint is silent as to whether she proceeds against
Defendants in their official or individual capacity.
Plaintiff seeks monetary damages in the amount of $250, 000.
(Id. at 6).
paid the filing fee when she filed her Complaint, but then
filed a document interpreted by the Court to be a Motion for
Leave to Proceed in forma pauperis
(“IFP”). (ECF No. 34). On November 13, 2019, the
Court entered an Order directing Plaintiff to file a
completed IFP application (ECF No. 43), which she did on
November 18, 2019. (ECF No. 45).
for Defendants Shellpoint, Countrywide, and Bank of America,
all Defendants in the case have been dismissed with prejudice
because Plaintiff either failed to state a claim against them
or they were entitled to various immunities from suit. (ECF
Nos's. 42, 47, 48, 49).
November 25, 2019, Plaintiff filed her Motion to Secure All
Claims with a Small Brief to Support her Liability of
Wrongdoing. (ECF No. 51). On November 26, 2019, Plaintiff
filed a Motion for Recusal, asking that the undersigned be
removed from the case because the prior dismissals indicated
a lack of fairness and impartiality. (ECF No. 61). This was
denied on December 5, 2019. In the Order denying the request,
the Court thoroughly explained the deficiencies in
Plaintiff's Complaint using language designed to aid a
layperson in understanding the legal concepts involved. (ECF
December 9, 2019, Plaintiff filed a Motion to Reconsider and
a Motion to Increase the Amount of her Damage Request and for
Default Judgment. (ECF No's. 66, 67). On December 18,
2019, Plaintiff filed a Motion for Extension of Time to
Complete Discovery and to Postpone the Case for Six Months.
(ECF No. 69). That same day, the Court entered an Order
denying her Motion for Reconsideration. (ECF No. 70). The
Order informed Plaintiff that if she wished to amend her
complaint to address the deficiencies identified in the
Court's prior orders, she could request leave to do so.
January 3, 2020, Plaintiff filed a Motion to Amend her
Complaint. (ECF No. 72). Plaintiff did not attach a proposed
Amended Complaint to her motion. Instead, she appears to
include her amended claims in the Motion. Plaintiff alleges
no facts in her motion. Instead, she lists various legal
conclusions and legal phrases, and she asks that the case be
permitted to proceed directly to trial. (ECF No. 72 at 2-3).
attached a letter from Shellpoint dated November 14, 2019 to
her motion, which states that her mortgage is seriously
delinquent and advises her concerning the steps necessary to
avoid foreclosure. (ECF No. 72-1). She also attached a letter
from TD Auto Finance dated December 5, 2019 stating that her
account had been sold. (ECF No. 72-2).