Raymond v. USDA

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Janet M. Raymond
v. 	Civil No. 18-cv-114-PB
United States Department of Agriculture
REPORT AND RECOMMENDATION
Pro se plaintiff, Janet M. Raymond, sued a federal lender
in state court, and the lender removed that action to this
court. 	After the case was removed, plaintiff moved here to stop
a foreclosure sale (Doc. No. 4), scheduled for a date in April
2018, and that motion was referred to the magistrate judge for a
Report and Recommendation. 	See March 28, 2018 Order.
A prerequisite to obtaining a preliminary injunction is a
showing of irreparable harm if the injunction is not issued.
See Glossip v. Gross, 135 S. Ct. 2726, 2736 (2015). 	The federal
defendant responded to the motion for a preliminary injunction
by filing a notice (Doc. No. 5), stating that it has voluntarily
postponed any foreclosure sale pending resolution of this
litigation. 	In light of the defendant’s representation,
plaintiff has obtained the relief she sought through her motion
while this action is pending, and she cannot demonstrate that
irreparable harm will occur at this time in the absence of this
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court’s intervention. 	Accordingly, the motion to stop the
foreclosure sale (Doc. No. 4) should be denied without
prejudice, based on defendant’s postponement of that sale (Doc.
No. 5).
Conclusion
For the foregoing reasons, the district judge should deny
the motion to stop the foreclosure sale (Doc. No. 4), without
prejudice to plaintiff’s ability to refile a similar motion if
the foreclosure sale is rescheduled while this case remains
pending. 	Any objections to this Report and Recommendation must
be filed within fourteen days of receipt of this notice. 	See
Fed. R. Civ. P. 72(b)(2). 	The fourteen day period may be
extended upon motion. 	Failure to file objections within the
specified time waives the right to appeal the district court’s
order. 	See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
April 5, 2018
cc: 	Janet M. Raymond, pro se
Michael T. McCormack, Esq.
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