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Eldarius Gause v. Chase Bank N.A.

March 12, 2012

ELDARIUS GAUSE, PLAINTIFF,
v.
CHASE BANK N.A., DEUTSCHE BANK NATIONAL TRUST COMPANY, ROZ CAMRON, FINANCIAL STAR, HOME FINANCE, SHARENE DOUGLAS, STRAW BUYER FOR ROZ CAMRON, AMERICAN WAY REALTOR, DEFENDANTS.



The opinion of the court was delivered by: Seybert, District Judge:

ORDER

Pending before the Court is the Complaint of pro se plaintiff Eldarius Gause ("Plaintiff") against the defendants, Chase Bank N.A., Deutshe Bank National Trust Company, Roz Camron, Sharene Douglas, and American Way Realtor (collectively, "Defendants"), accompanied by an application to proceed in forma pauperis. The application to proceed in forma pauperis is granted and, for the reasons that follow, the Complaint is sua sponte dismissed without prejudice. Plaintiff may pursue any valid claims in state court.

BACKGROUND

Plaintiff's Complaint, submitted on the Court's general complaint form, alleges that the basis for the Court's jurisdiction is both federal question and diversity of citizenship. Plaintiff, alleged to reside in Wyandanch, New York, alleges that all of the Defendants reside in New York with the exception of Chase Bank NA which is alleged to reside in California.

Though difficult to discern, it appears that Plaintiff seeks to challenge an alleged "illegal[] evict[ion]" from his home because the "housing court granted all decisions in our favor." (Compl. at ¶ III.C). Plaintiff claims the Defendants "violated my 4th and 5th Amendment of the Constitution. Deprivation of life, liberty and property are protected under the law, we are afforded equal protection by the law." (Compl. at ¶ IV). Plaintiff complains that "banks, lenders, underwriters, American Way Realtor, is trying to steal my home through alleged fraud and decption [sic] and ROBO-Signing, causing damage and injuries." (Compl. at ¶ III.C).

Annexed to the complaint form is a two-page typed document signed by the Plaintiff entitled "Complaint" that alleges specific conduct attributable to the Defendants. Plaintiff claims that:

Roz Camron [and] Sharene Douglas, both out of Financial Star Home Finance, a "fly by night operation" working through banks, lenders, underwriters involved in this case . . . defrauded Plaintiff [] with an [] instrument called "straw buyer, using a straw name and robo signing of all documents. . . ." Banks and lenders, American Way Realty allegedly are acting in concert defrauding to steal Plaintiff's home.

Attachment to the Compl. at page 1.

Plaintiff alleges that these actions caused "mental anguish, punitive damages, stress, anxiety attacks, damages, health damages, hospitalized." (Compl. at ¶ IV). Accordingly, Plaintiff requests that "the Court [] stop America Way Realtor from illegally trying to evict me from my home and a full investigation to be launch[ed] against the Banks involved, Roz Cameron, [and] straw buyer Sharene Douglas." (Compl. at ¶ V). Further, Plaintiff seeks five hundred thousand ($500,000) dollars from the banks and one million ($1,000,000) dollars from Financial Star Home Finance as well as:

I want my deeds and documents restored back to original owner my family, all debts paid, five hundred thousand in compensation, and investigation to start immediately. [] I want my parents home cleared from this alleged fraud scam and all documents to its original order.

Id., see also page two annexed to the Complaint.

DISCUSSION

I. In Forma Pauperis Application

Upon review of Plaintiff's declaration in support of his application to proceed in forma pauperis, the Court determines that the Plaintiff's financial status qualifies him to commence this action without prepayment of the filing fees. See 28 U.S.C. ยง 1915(a)(1). ...


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