Duane Montgomery v. Citibank, N.a.

The Hon. Danny C. Reeves, United States District Judge for the Eastern District of Kentucky, sitting
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by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0730n.06
Filed: October 4, 2006
Nos. 05-1211/05-1472
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
DUANE MONTGOMERY,
Plaintiff-Appellant,
v.
CITIBANK, N.A.,
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN
Before: MARTIN and DAUGHTREY, Circuit Judges, and REEVES, District Judge.*
PER CURIAM. This litigation began in the bankruptcy court, following attempts by
defendant Citibank to foreclose on plaintiff Duane Montgomery’s home for non-payment
on Montgomery’s mortgage note. In defense of the threatened foreclosure, Montgomery
filed three law suits in Michigan state court, pursued four appeals to the state appellate
court, applied for leave to the state supreme court, filed four bankruptcy petitions, and
sought three appeals to the district court. It is the last two of these actions – two decisions
by the bankruptcy court and the subsequent affirmances by the district court – that are the
subject of the consolidated appeal currently before us. However, the plaintiff has failed to
file an appropriate joint appendix in this court, in violation of Sixth Circuit Rule 30. We are,

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Nos. 05-1211/05-1472
Montgomery v. Citibank
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therefore, authorized to dismiss the appeal pursuant to Rule 30(m), and because it
appears that these appeals are simply one more stage of the dilatory litigation described
by the district court in its order of May 6, 2005, we elect to do so.
The appeals are DISMISSED and the cases are REMANDED to the district court
for further proceedings on the question of sanctions in Civil Action No. 05-CV-70009-BAF-
DAS.

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