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, )
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Federal Home Loan Mortgage Corporation v. Davis (MAG+) Doc. 61 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION FEDERAL HOME LOAN MORTGAGE CORPORATION, ) ) ) Plaintiff, ) ) v. ) ) GLISSEAN DAVIS CRITTENDEN, ) ) Defendant. ) CIVIL ACTION NO. 2:11cv729-MHT (WO) JUDGMENT 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 objections (doc. no. 59) are overruled. (2) The United States Magistrate Judge’s recommendation (doc. no. 53) is adopted. (3) Plaintiff Federal Home Loan Mortgage Corporation’s motion for summary judgment (doc. no. 45) is granted. Dockets.Justia.com (4) Judgment is entered Federal Home Loan against defendant Federal Home in favor Mortgage of plaintiff Corporation Crittenden Loan Mortgage declaration of on and plaintiff Corporation’s ejectment claim. (5) It is the the court that plaintiff Federal Home Loan Mortgage Corporation is to have immediate possession of the property at 4368 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 2 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 present may evidence and subpoena any witnesses to testify. (9) The magistrate subpoenaing of judge any is to arrange witnesses for for the 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 Federal Rules of Civil Procedure. This case is not closed. DONE, this the 27th day of December, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE