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Alwanna Knight v. Aurora Loan Services

March 5, 2012

ALWANNA KNIGHT, PLAINTIFF,
v.
AURORA LOAN SERVICES, LLC, DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM*fn1

Among the bizarre steps taken by pro se plaintiff Alwanna Knight ("Knight") in this action, the most recent is her filing of an appeal even though this Court had not issued any dispositive order in the case. On January 5, 2012 this Court issued a memorandum order that explained why Knight was not entitled to in forma pauperis treatment, not in financial terms but because of her failure to assert a non-frivolous claim in the legal sense. Then on January 17 Knight filed a notice of appeal that added this Court to the coterie of judges and others who are assertedly conspiring against her, and on January 25 she tendered to the Court of Appeals her motion seeking leave to appeal in forma pauperis, whereupon that court ordered the motion to be transferred to this District Court for ruling. On February 1 this Court responded by issuing another memorandum order II") that denied Knight's in forma pauperis motion and concluded by "reminding her (as the Court of Appeals' order did) that to place the same motion before that court she must refile her motion there (see Fed. R. App. P. 24)."

All of this has placed this action in limbo because it would appear that Knight's attempted appeal has ousted this Court of jurisdiction. And whatever result may obtain in the Court of Appeals in connection with any retendering of her in forma pauperis effort there, the merits of Knight's substantive claims (or more accurately, what appears to be their lack of merit) will not have been resolved at that point. Accordingly this Court ...


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