Dixon v. Nationstar Mortgage et al, No. 1:2018cv00666 - Document 22 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION re Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 11/7/18. Copy sent to pro se plaintiff by Chambers.(klau, )
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Dixon v. Nationstar Mortgage et al Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MERRICKL.DIXON, Plaintiff, l:18-cv-00666(LMB/MSN) V. NATIONSTAR MORTGAGE,etal. Defendants. MEMORANDUM OPINION Before the Court is defendants' Nationstar Mortgage ("Nationstar") and Mortgage Electronic Registration Systems, Inc.("MERS")Motion to Dismiss[Dkt. No. 17] in which they argue that plaintiffs Complaint should be dismissed as an impermissible "show-me-the-note" claim. Pro se plaintiff Merrick L. Dixon("Dixon")has not responded to defendants' Motion.' Finding that oral argument would not further the decisional process, the defendants' Motion to Dismiss will be granted without oral argument for the reasons discussed below. I. BACKGROUND In his Complaint, Dixon alleges that defendants Nationstar and MERS fraudulently foreclosed on the real property known as 13348 Pelican Road, Woodbridge, Virginia 22193 (the "Property"). Compl.[Dkt. No. 1].^ Specifically, he alleges that defendants have made a claim 'Defendants filed their Motion to Dismiss on September 28, 2018 and included a Roseboro Notice explaining to plaintiff that any response was due within 21 days and that failure to file a timely response could result in defendants' Motion being granted. As ofNovember 7, 2018, plaintiff has not responded to the Motion. ^ The caption also lists "John and Jane Does 1-10" as defendants, as plaintiff intends to sue Nationstar, MERS,"and/or any other party which has, or intends to make claim against this Dockets.Justia.com
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