Federal Home Loan Mortgage Corporation v. Davis (MAG+), No. 2:2011cv00729 - Document 61 (M.D. Ala. 2012)

Court Description: JUDGMENT directing that, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Glissean Davis Crittenden's 59 objections are overruled; (2) The United States M agistrate Judge's 53 recommendation is adopted; (3) Plaintiff Federal Home Loan Mortgage Corporation's 45 motion for summary judgment is granted; (4) Judgment is entered in favor of plaintiff Federal Home Loan Mortgage Corporation and a gainst defendant Crittenden on plaintiff Federal Home Loan Mortgage Corporation's ejectment claim; (5) It is the declaration of the court that plaintiff Federal Home Loan Mortgage Corporation is to have immediate possession of the property at 43 68 Narrow Lane Road, Montgomery, Alabama 36116; (6) Defendant Crittenden is directed to vacate said property and leave it in "broom swept" condition within 30 days of today's date; (7) It is the declaration of the court that any right of redemption to defendant Crittenden in said property is extinguished; (8) A hearing on the amount of damages to which plaintiff Federal Home Loan Mortgage Corporation is entitled from defendant Crittenden is set for January 30, 2013, at 10:00 a.m., in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama; Defendant Crittenden is to be present and may present evidence and subpoena any witnesses to testify; (9) The magistrate judge is t o arrange for the subpoenaing of any witnesses for defendant Crittenden for said hearing; The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 12/27/12. (Furnished to Calendar/AG) (Attachments: # 1 Civil Appeals Checklist)(scn, )