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Frivolous Suit

By: Derek Hawkins//July 28, 2015//

Frivolous Suit

By: Derek Hawkins//July 28, 2015//

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Civil

7th Circuit Court of Appeals

Officials: POSNER, MANION, and WILLIAMS, Circuit Judges.

Frivolous Suit

No. 15-1156 Nate Carter v. Homeward Residential, Inc.

Homeowner’s unfocused claim for quiet title to foreclosed home held frivolous on its face.

“The suit is indeed frivolous, like the identical suit (except for the homeowner’s address, mortgage, and several dates) that was before us in Sturdivant v. Select Portfolio Servicing, Inc., 602 Fed. Appx. 351 (7th Cir. 2015), where we agreed with the district court that the suit was frivolous and so affirmed its dismissal. In neither case did the complaint allege anything that might support an inference that the defendants were state actors, suable therefore under 42 U.S.C. § 1983. Nor can we infer or even imagine any alternative basis for supposing that either case is within the jurisdiction of the federal courts.”

Affirmed.

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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