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Case 5:07-cv-03376-DDD Document 11 Filed 12/12/2007 Page 1 of 1

DOWD, J.

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CitiMortgage, Inc., successor by merger to )


CitiFinancial Mortgage Company, Inc., ) CASE NO. 5:07 CV 3376
)
Plaintiff(s), )
) ORDER
v. )
)
Roland J. North, II, et al., )
)
Defendant(s). )

A review of the record in the above-captioned case reveals that plaintiff lacked standing

to bring this diversity foreclosure action. The action was commenced on October 30, 2007.

However, a copy of the assignment of the mortgage (Doc. No. 7) shows that the assignment

occurred on November 2, 2007, that is, after the date the lawsuit was commenced.

Accordingly, the above-captioned case is dismissed without prejudice.

IT IS SO ORDERED.

December 11, 2007 /s/ David D. Dowd, Jr.


Date David D. Dowd, Jr.
U.S. District Judge