Rochell Talley v. Ocwen Loan Servicing, LLC


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to amend/correct [999882896-2]; denying Motion for leave to file [999882896-3] Originating case number: 8:16-cv-00389-RWT Copies to all parties and the district court/agency. [1000006355]. Mailed to: Talley. [16-1478]

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Appeal: 16-1478 Doc: 35 Filed: 01/19/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1478 ROCHELL TALLEY, Plaintiff - Appellant, v. OCWEN LOAN SERVICING, LLC.; FEDERAL NATIONAL MORTGAGE ASSOCIATION; INDYMAC BANK, F.S.B.; ONE WEST BANK, FSB; BWW LAW GROUP, LLC, jointly, severally and/or in the alternative, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, Senior District Judge. (8:16-cv-00389-RWT) Submitted: January 5, 2017 Decided: January 19, 2017 Before MOTZ, WYNN, and HARRIS, Circuit Judges. Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion. Rochell Talley, Appellant Pro Se. Edward Win-Teh Chang, BLANK ROME, LLP, Philadelphia, Pennsylvania; Matthew Daniel Cohen, BIERMAN GEESING WARD & WOOD, LLC, Bethesda, Maryland, for Appellees Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1478 Doc: 35 Filed: 01/19/2017 Pg: 2 of 3 PER CURIAM: Rochell Talley appeals the district court’s order granting defendants’ civil Fed. action. R. In Civ. his P. 12(b)(6) informal motions brief, Talley to dismiss asserts, his inter alia, that the district court did not respond to his request to amend his complaint, which was made in his opposition to the motions to dismiss. Federal Rule of Civil Procedure 15(a)(2) provides that “[t]he court should freely give leave [to amend] when justice so requires,” which we have construed to mean “that leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would have been futile.” Laber v. Harvey, 438 F.3d 404, 426 (4th Cir. 2006) (en banc) (internal quotation marks omitted). Because the district court has not ruled on the merits of Talley’s request to amend, we vacate the dismissal of Counts X through XVI and remand for the district court to specifically address Talley’s request and any response. With regard to Counts I through IX, we have reviewed the record and find no reversible error. We therefore affirm the dismissal of those claims for the reasons stated by the district court. Talley v. Ocwen Loan Servicing, LLC, No. 8:16-cv-00389- RWT (D. Md. Apr. 5, 2016). We grant Talley’s motion to amend informal brief, deny his motion for leave to file informal reply 2 Appeal: 16-1478 Doc: 35 Filed: 01/19/2017 Pg: 3 of 3 brief, and dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED IN PART, VACATED IN PART, AND REMANDED 3

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