Samuel Frederick Biery Jr.

“defendants' motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) should be granted in part and denied in part”

“defendants' motion to dismiss or for summary judgment based on mootness should be granted in part and denied in part”

“IT IS HEREBY ORDERED that Plaintiffs Motion to Remand to State Court (docket # 8) is DENIED.”

“IT IS FURTHER ORDERED that Defendant Deutsche Bank's Motion to Dismiss Plaintiffs Original Petition (docket # 3) is DENIED AS MOOT WITHOUT PREJUDICE to refiling in light of the filing of Plaintiffs Second Amended Complaint.”

“Accordingly, the request for preliminary injunction is DENIED.”

“it is hereby ORDERED that the Memorandum and Recommendation of the United States Magistrate Judge ... is ACCEPTED such that Defendant Allied Property and Casualty Insurance Company's Motion for Summary Judgment (docket # 34) is GRANTED and plaintiffs claims and causes of actions are DISMISSED WITH PREJUDICE.”

“IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiff's Second Cause of Action Under Rule 12(b)(1) (docket # 10) ... GRANTED such that plaintiff's second cause of action is DISMISSED for lack of subject matter jurisdiction as barred by the administrative exhaustion requirement of FIRREA. The dismissal is without prejudice to plaintiff seeking administrative relief if such relief is still available.”

“and Defendant Mortgage Contracting Services, LLC's Motion to Dismiss Pursuant to Rule 12(b)(1) (docket # 24) are GRANTED such that plaintiff's second cause of action is DISMISSED for lack of subject matter jurisdiction as barred by the administrative exhaustion requirement of FIRREA. The dismissal is without prejudice to plaintiff seeking administrative relief if such relief is still available.”

“Upon consideration, Respondents' Motion to Dismiss (DE 16) is GRANTED; Petitioners' Section 2241 Petition (DE 1) is DISMISSED”

“and Petitioners' Motion for Emergency Hearing (DE 2) and Young's Motion to Appear Pro Hac Vice (DE 17) are DENIED AS MOOT.”

“Accordingly, it is hereby ORDERED that: 1. All relief requested in petitioner's federal habeas corpus petition, filed July 31, 2009, docket entry no. 10, is DENIED.”

“Accordingly, it is hereby ORDERED that: 1. All federal habeas corpus relief requested in petitioner's pleadings herein is DENIED. 2. Petitioner is DENIED a Certificate of Appealability on all claims presented in his pleadings herein.”

“IT IS HEREBY ORDERED that Defendants' Joint Motion to Dismiss (docket #3) is GRANTED, such that plaintiffs' claims are DISMISSED WITH PREJUDICE, and plaintiffs' requests for injunctive and declaratory relief are DENIED.”

“Plaintiffs' motion to alter or amend the Judgment is denied.”

“IT IS THEREFORE ORDERED that Plaintiffs' Motion to Alter or Amend Judgment (docket no. 43) and motion to strike (contained within plaintiffs' response to defendant's motion to alter or amend, docket no. 47) are DENIED.”

“IT IS THEREFORE ORDERED that the Report and Recommendation (docket no. 15) filed in this cause is ACCEPTED pursuant to 28 U.S.C. Sec. 636(b)(1) such that plaintiff's complaint is DISMISSED for lack of federal subject matter jurisdiction; and defendant's counterclaim is DISMISSED for lack of federal subject matter jurisdiction, or, in the alternative and to the extent a pendent state law claim may have been alleged, because the Court declines to exercise supplemental jurisdiction over the counterclaim.”

“IT IS THEREFORE ORDERED that the decision of the Bankruptcy Court is REVERSED and this matter is REMANDED to the Bankruptcy Court with instructions to grant Wells Fargo's motion for partial summary judgment.”