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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Talley. [16-1478]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
OCWEN LOAN SERVICING, LLC.; FEDERAL NATIONAL MORTGAGE
ASSOCIATION; INDYMAC BANK, F.S.B.; ONE WEST BANK, FSB; BWW
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
January 5, 2017
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Affirmed in part, vacated in part, and remanded by unpublished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
Unpublished opinions are not binding precedent in this circuit.
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Rochell Talley appeals the district court’s order granting
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
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).
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
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
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brief, and dispense with oral argument because the facts and
AFFIRMED IN PART,
VACATED IN PART,
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