No. 25A211

Tamika D. Pless v. State Employees' Credit Union. et al.

Lower Court: Fourth Circuit
Docketed: 2025-08-22
Status: Presumed Complete
Type: A
Tags: civil-rights eviction fair-housing-act housing-discrimination irreparable-harm pro-se-litigation
Key Terms:
SocialSecurity
Latest Conference: N/A
Question Presented (AI Summary)

Whether federal courts can provide emergency injunctive relief to prevent a potentially discriminatory eviction under the Fair Housing Act and 42 U.S.C. § 1983

Question Presented (OCR Extract)

No question identified. : SUPREME COURT OF THE UNITED STATES To the Honorable John G. Roberts, Jr., Chief Justice of the United States and Circuit Justice for the Fourth Circuit: EMERGENCY APPLICATION FOR STAY PENDING APPEAL (With Request for Immediate Administrative Stay — Eviction Scheduled August 20, 2025) Applicant: Tamika D. Pless, Pro Se 1695 E. Hudson Blvd. Gastonia, NC 28054 (704) 689-7369 Pursuant to 28 U.S.C. § 1651, Supreme Court Rule 23, and Fed. R. App. P. 8, Applicant respectfully seeks an immediate stay of eviction and utility disconnection pending appeal from the United States District Court for the Western District of North Carolina’s August 14, 2025 dismissal order (Doc. 8) and denial of Temporary Restraining Order. Without this Court’s intervention, Applicant and her minor children will be locked out of their home at 10:00 a.m. on August 20, 2025, under a Writ of Possession issued in related state proceedings. The Chief Justice has jurisdiction as Circuit Justice for the Fourth Circuit under 28 U.S.C. § 1651 and Supreme Court Rule 22. This Application follows the denial/inaction of emergency relief by the U.S. District Court and pending action in the U.S. Court of Appeals for the Fourth Circuit. (Case No. 25-1960) 1. Applicant resides at Georgetowne Woods, Gastonia, NC, with minor children who have documented medical needs. 2. On August 12, 2025, Applicant filed a Verified Complaint in federal district court alleging violations of the Fair Housing Act (42 U.S.C. § 3617) and 42 U.S.C. § 1983 arising from retaliatory eviction and interference with housing rights. 3. On August 14, 2025, the district court dismissed the case without prejudice, denied emergency injunctive relief, and entered judgment (Doc. 8, Doc. 9). 4. Later the same day, the Gaston County Sheriff posted a writ scheduling eviction for August 20, 2025. 5. On August 15, 2025, Applicant filed an amended complaint and renewed request for emergency relief. 6. Applicant filed an Emergency Motion for Stay Pending Appeal in the Fourth Circuit (pending). **Likelihood of Success on the Merits** The Amended Verified Complaint asserts recognized federal causes of action under FHA § 3617 and § 1983, addressing the deficiencies cited by the district court. **Irreparable Harm** Eviction will cause immediate homelessness, disruption to schooling, loss of utilities, and severe health risks to minor children. No monetary remedy could cure these harms. **Balance of Equities** Temporary preservation of the status quo imposes minimal burden on Appellees compared to the devastating impact on Applicant’s family. **Public Interest** Preventing unlawful eviction and protecting families with children aligns with federal housing policy and public welfare. Applicant respectfully requests that the Circuit Justice: 1. Issue an immediate administrative stay halting execution of the Writ of Possession and preventing eviction/utility disconnection. 2. Maintain the stay pending resolution of the appeal in the Fourth Circuit. 3. Grant such other relief as is just and proper. Respectfully submitted, fr Dated: August | » 2025 Tamika D. Pless Pro Se 1695 E. Hudson Blvd. Gastonia, NC 28054 (704) 689-7369 CERTIFICATE OF SERVICE I certify that on August ff 2025, I served this Emergency Application and all attached exhibits by email and U.S. Mail on: Ben Barco, Esq., Crawford & von Keller, PLLC c/o Cynthia Smith Email: xc DME Signature: Tamika D. Pless Exhibit A — District Court Order (Doc. 8) Exhibit B — Clerk’s Judgment (Doc. 9) Exhibit C — Sheriff's Eviction Notice Exhibit D — Declaration of Irreparable Harm ( signed & dated) Exhibit E— Summary of Amended Verified Complaint ( 1 page) Exhibit F — Fourth Circuit Case Opening Notice (Case No. 25-1960) Exhibit Index — Emergency Application for Stay Pending Appeal Case No.: 25-1960 From: WDNC Case No. Appellant: Tamika D. Pless Exhibit Description District Court Order of Dismissal (Doc. 8) Clerk’s Judgment (Doc. 9) Sheriff's Evi

Docket Entries

2025-08-25
Application (25A211) denied by The Chief Justice.
2025-08-19
Application (25A211) for a stay, submitted to The Chief Justice.

Attorneys

Tamika Pless
Tamika D. Pless — Petitioner
Tamika D. Pless — Petitioner