Deutsche Bank Natl Trust Co v. Ivy Inocencio
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00015-TSE-MSN. Copies to all parties and the district court. [999731512].. [15-1391]
Appeal: 15-1391
Doc: 22
Filed: 01/07/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1391
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
CARRINGTON MORTGAGE LOAN TRUST, SERIES 2005-OPT2, ASSET
BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-OPT 2,
Plaintiff - Appellant,
v.
IVY K. INOCENCIO; MARISSA P. GOMEZ; EQUITY TRUSTEES, LLC;
UNITED STATES OF AMERICA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:15-cv-00015-TSE-MSN)
Submitted:
December 29, 2015
Decided:
January 7, 2016
Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
S. Mohsin Reza, Mary C. Zinsner, TROUTMAN SANDERS LLP, Tysons
Corner, Virginia, for Appellant.
Carolina D. Ciraolo, Acting
Assistant Attorney General, Thomas J. Clark, Regina S. Mariarty,
DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1391
Doc: 22
Filed: 01/07/2016
Pg: 2 of 2
PER CURIAM:
Deutsche Bank National Trust Co. brought suit in Virginia
state court seeking rescission of a foreclosure sale that took
place
approximately
removed
the
action
four
to
years
district
earlier.
court
The
and
pursuant to Fed. R. Civ. P. 12(b)(1), (6).
United
moved
to
States
dismiss
The district court
granted the motion to dismiss as to the United States, based on
lack
of
subject
matter
jurisdiction.
Because
there
were
no
viable remaining claims as against the remaining defendants, the
court
also
dismissed
the
action
in
its
entirety.
We
have
reviewed the parties’ briefs, as well as the record on appeal,
and
find
district
no
reversible
court’s
error.
judgment.
We
Accordingly,
dispense
with
we
affirm
oral
the
argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED
2
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