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14-1542 - Calizaire v. Mortgage Electronic Registration System, Inc. et al


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14-1542 - Calizaire v. Mortgage Electronic Registration System, Inc. et al
March 6, 2017
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MEMORANDUM AND ORDER, For the foregoing reasons, each of Calizaire's claims requires the court to abstain from exercising jurisdiction or fails to state a claim. Defendant's motion to dismiss is therefore granted. However, in light of Calizaire's pro se status, the court grants him leave to amend. See Branum v. Clark 927 F.2d698,705(2d Cir 1991). Calizaire has thirty 30 days from the date of this Memorandum and Order to file to an amended complaint rehabilitating his eight claims are not just subject to Younger abstention; fraud, breach of contract, negligence, unjust enrichment, breach of the covenant of good faith and fail dealing, breach of fiduciary duty, HED, and wrongful foreclosure. The amended complaint must recite sufficient facts to make Calizaire's allegations plausible, and it will replace the original and first amended complaints.. Ordered by Judge Carol Bagley Amon on 3/6/2017. (Piper, Francine)