Kimberly Wood v. Cohn, Goldberg & Deutsch LLC et al.

Summary

The United States District Court for the Western District of Virginia grants Kimberly Wood’s motion to proceed in forma pauperis but dismisses her complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. The court finds that Wood’s allegations concerning a reverse mortgage foreclosure and purported violations of federal mortgage laws, including TILA and RESPA, lack sufficient factual detail. The court denies her motion for a preliminary injunction as moot and grants leave to amend within 21 days.

Holdings

1. The complaint failed to state a plausible claim because most of the cited criminal and regulatory provisions do not provide a private right of action, and the allegations concerning TILA and RESPA lacked sufficient factual detail identifying the alleged violations and resulting harm.
2. The court sua sponte dismissed Wood's complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) because it failed to state a claim upon which relief could be granted.
3. The motion for a preliminary injunction was denied as moot because the complaint was dismissed.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under the federal statutes identified by Wood, including TILA and RESPA.
2. Whether the court should dismiss the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim.
3. Whether Wood was entitled to a preliminary injunction while the complaint was subject to dismissal.

Disposition

dismissed