Joseph v. Marie

District Court, W.D. Louisiana·Decided January 17, 2025·No. 5:24-cv-01783·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION JERMAINE ANDERSON JOSEPH CIVIL ACTION NO. 24-1783 VERSUS JUDGE S. MAURICE HICKS, JR. CARLA COLLINS MARIE, ET AL. MAGISTRATE JUDGE HORSNBY ORDER Before the Court is a Motion for Stay of Eviction (Record Document 8) filed by Plaintiff Jermaine Anderson Joseph (“Joseph”). Joseph requested that his eviction proceedings be stayed to keep him housed and to prevent homelessness. See id. He also submits that his eviction relates to a “fraud scam company” and a “rental property scam.” Id. The Anti-Injunction Act, 28 U.S.C. § 2283, provides that a federal court may not grant an injunction to stay proceedings in a state court except as expressly authorized by Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. The exceptions are construed narrowly and have been held to generally prohibit federal courts from enjoining state court eviction proceedings. See Knoles v. Wells Fargo Bank, NA, 513 Fed. Appx. 414 (5th Cir. 2013); Johnson v. MNSF Il WI LLC, 2024 WL 3331584 (N.D. Tex. 2024), report and recommendation adopted, 2024 WL 3333245 (N.D. Tex. 2024). Accordingly, the Motion for Stay of Eviction (Record Document 8) is DENIED. IT IS SO ORDERED. THUS DONE AND SIGNED, in Shreveport, Louisiana, this 17th day of January, 2025.

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Related

Knoles v. Wells Fargo Bank, N.A.
513 F. App'x 414 (Fifth Circuit, 2013)