TYSZLAK
v.
SHELLPOINT MORTGAGE SERVICING LLC
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The court denied the motion for a temporary restraining order due to multiple procedural deficiencies.
Plaintiff, proceeding pro se, sought a temporary restraining order to prevent the transfer of her home after a foreclosure and to repair her credit.…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
OPINION AND ORDER1
Before the Court is Helga Tyszlak’s pro se Ex Parte Motion for Temporary Restraining Order. (Doc. 2). As best the Court can tell, Shellpoint Mortgage Servicing LLC foreclosed on Tyszlak’s home last week, and Tyszlak has come to this Court to undo it because of fraud and deception.2 Meanwhile, Tyszlak moves for a temporary restraining order (“TRO”) to, among other things, “prevent[ ] the transfer of the Property to the winner of any auction” and “[f]or the costs of repairing [her] credit.” (Doc. 2 at 14).
But it isn’t alone. Tyszlak has provided no affidavit or verified complaint supporting the Motion—the rules require one sworn paper. Fed. R. Civ. P. 65(b)(1)(A). Nor does she describe the necessary security. M.D. Fla. R. 6.01(a)(3) (A TRO “must include . . . a precise and verified explanation of the amount and form of the required security.”). These are all reasons to deny the TRO. Lara v. Moghraby, No. 8:19-cv-2798-60SPF, 2019 WL 6487321, at *2 (M.D. Fla. Dec. 3, 2019). Accordingly, it is now ORDERED: Helga Tyszlak’s pro se Ex Parte Motion for Temporary Restraining Order (Doc. 2) is DENIED. DONE and ORDERED in Fort Myers, Florida on May1, 2023.
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UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record