Chava Nike’ Bey (f/k/a Doris Ann Nettles) v. Wells Fargo Bank, N.A.; Mortgage Electronic Registration Systems, Inc. (MERS); Wilson & Associates, PLLC; Logs Legal Group, LLP; Auction.com, LLC; Josephine Properties, LLC

District Court, W.D. Tennessee·Decided July 23, 2026·No. 2:25-cv-03102·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

CHAVA NIKE’ BEY (f/k/a DORIS ANN ) NETTLES), ) ) Plaintiff, ) ) v. )

)

WELLS FARGO BANK, N.A.; ) No. 2:25-cv-03102-BCL-atc MORTGAGE ELECTRONIC )

REGISTRATION SYSTEMS, INC. )

(MERS); WILSON & ASSOCIATES, ) PLLC; LOGS LEGAL GROUP, LLP; ) AUCTION.COM, LLC; JOSEPHINE ) PROPERTIES, LLC, ) ) Defendants. )

REPORT AND RECOMMENDATION TO GRANT MOTION TO DISMISS AND FOR SUA SPONTE DISMISSAL

On December 4, 2025, Plaintiff Chava Nike’ Bey (formerly known as Doris Ann Nettles) filed a pro se complaint and a motion to proceed in forma pauperis. (ECF Nos. 1, 5.) The Court granted the motion to proceed in forma pauperis on December 11, 2025. (ECF No. 14.) Pursuant to Administrative Order No. 2013-05, this case has been referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate. Defendants Wilson & Associates, PLLC (“Wilson”) and Auction.com, LLC (“Auction.com”) appeared and filed a Motion to Dismiss on January 5, 2026, alleging that Bey’s claims against them are barred by the doctrine of res judicata. (ECF No. 20.) Bey filed a Response on January 16, 2026 (ECF No. 22), and Wilson and Auction.com filed a Reply on January 20, 2026 (ECF No. 23).1 For the reasons set forth below, it is recommended that Bey’s claims be dismissed for failure to state a claim upon which relief may be granted and sua sponte for lack of subject matter

jurisdiction. PROPOSED FINDINGS OF FACT Bey alleges various claims arising from the foreclosure of her home located at 1419 Singing Trees Drive, Memphis, Tennessee. (ECF Nos. 1, 1-1.) She challenges the outcome of the foreclosure proceedings themselves, a case filed in Shelby County Chancery Court that became final in 2021 (the “Foreclosure Proceedings”), and also challenges aspects of an “eviction action”—presumably, a forcible-entry-and-detainer action—filed in Shelby County General Sessions Court that she has apparently appealed to Shelby County Circuit Court (the “FED Proceedings”). (ECF No. 6, at 6‒7; ECF No. 11, at 3‒4.) When the Complaint was filed, the FED Proceedings were ongoing, but the docket reveals that Bey’s claims have since been

dismissed with prejudice. See Bey v. Wells Fargo Bank, N.A., No. CT-5905-25, “Order Granting Defendant Josephine Properties, LLC’s Motion to Dismiss Petition for Writ of Certiorari and Supersedeas with Prejudice” (Tenn. Cir. Ct. Shelby Cnty. June 9, 2025) (“This Order constitutes a final and appealable order disposing of all claims against all parties in this proceeding.”). Bey filed a motion for injunctive relief contemporaneously with the Complaint arising from her assertion that the Circuit Court has required her to pay “$15,000 by Monday, December

1 Bey filed an additional unauthorized Response on February 3, 2026. (ECF No. 24.) Local Rule 12.1 permits a nonmoving party to file a memorandum in opposition to a motion to dismiss and allows the moving party to file a reply. The Rule does not provide for a nonmoving party to file a surreply or additional response, whether as a matter of right or with leave of court. Accordingly, the Court declines to consider Bey’s second Response herein. 15, 2025, as a condition for review of Plaintiff’s claims,” after which the “eviction will proceed immediately under a judgment that Plaintiff asserts is void.” (ECF No. 11, at 4.) She alleged that eviction would cause her irreparable harm because it would create a “life-threatening medical emergency” for her “severely disabled minor child” who resides with her in the home. (ECF No.

6, at 5.) The undersigned subsequently entered a Report and Recommendation for Denial of Plaintiff’s Emergency Motion for Temporary Retraining Order and Preliminary Injunction on December 11, 2025. (ECF No. 15.) The Report and Recommendation remains pending. Defendants Wilson and Auction.com subsequently appeared and filed a Motion to Dismiss on January 5, 2026, alleging that Bey’s claims are barred by the doctrine of res judicata. (ECF No. 20.) Bey’s Response argues that “[t]his action arises from continuing and post-dismissal conduct, not from relitigation of claims previously adjudicated.” (ECF No. 22, at 1–2.) In their Reply, Wilson and Auction.com point out that “res judicata applies to issues which were or ‘should have been litigated’ in the prior action.” (ECF No. 23, at 1 (quoting ECF No. 21, at 5).) As outlined in the December 11th Report and Recommendation, two related cases are

worthy of note. The first is a complaint Bey filed on August 23, 2023, in the Shelby County Chancery Court: Bey v. Scharf, No. CH-23-1113 (“Bey I”). Bey I involved many of the Defendants (or their representatives) sued here: Wells Fargo Bank, N.A. (“Wells Fargo”); Auction.com LLC; and Wilson & Associates, PLLC. (Id.) Similar to Bey’s Complaint here, in Bey I, she claimed that she was entitled to the invalidation of the Foreclosure Proceedings. (Id.) The claims in Bey I were dismissed with prejudice for failure to state a claim on various dates in March and April of 2024. The final Bey I defendants were dismissed and the case was closed on April 24, 2024. The second is a complaint Bey filed on April 17, 2024, in this Court: Nettles v. State of Tennessee Government, No. 2:24-cv-02241-MSN-atc (“Bey II”). Bey II asserted many of the same claims and theories against many of the same defendants as in Bey I (and in this case). No. 2:24-cv-02241-MSN-atc, ECF No. 63, at 6 (W.D. Tenn. Feb. 4, 2025). The Court entered a

Report and Recommendation on February 4, 2025, recommending that Bey II be dismissed for lack of subject matter jurisdiction under the Rooker‒Feldman doctrine. Id. Judge Norris adopted that recommendation over Bey’s objections on February 19, 2025, and dismissed Bey II with prejudice. No. 2:24-cv-02241-MSN-atc, ECF Nos. 66 and 67 (W.D. Tenn. Feb. 19, 2025). PROPOSED CONCLUSIONS OF LAW I. Legal Standards A. 28 U.S.C. § 1915(e)(2) Under Local Rule 4.1(b)(2), the Clerk of the Court will only issue summonses in cases with non-prisoner pro se plaintiffs who are proceeding in forma pauperis at the Court’s direction after the Court conducts a screening under 28 U.S.C. § 1915(e)(2)(B). Under that provision, the

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Chava Nike’ Bey (f/k/a Doris Ann Nettles) v. Wells Fargo Bank, N.A.; Mortgage Electronic Registration Systems, Inc. (MERS); Wilson & Associates, PLLC; Logs Legal Group, LLP; Auction.com, LLC; Josephine Properties, LLC, (W.D. Tenn. 2026).

Chava Nike’ Bey (f/k/a Doris Ann Nettles) v. Wells Fargo Bank, N.A.; Mortgage Electronic Registration Systems, Inc. (MERS); Wilson & Associates, PLLC; Logs Legal Group, LLP; Auction.com, LLC; Josephine Properties, LLC (Chava Nike’ Bey (f/k/a Doris Ann Nettles) v. Wells Fargo Bank, N.A.; Mortgage Electronic Registration Systems, Inc. (MERS); Wilson & Associates, PLLC; Logs Legal Group, LLP; Auction.com, LLC; Josephine Properties, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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