Earl Turner v. Nationstar Mortgage, L.L.C.


UNPUBLISHED OPINION FILED. [16-10338 Affirmed] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 04/05/2017 [16-10338]

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Case: 16-10338 Document: 00513913542 Page: 1 Date Filed: 03/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10338 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 15, 2017 Lyle W. Cayce Clerk EARL L. TURNER, Plaintiff–Appellant. v. NATIONSTAR MORTGAGE, L.L.C., Defendant–Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CV-1704 USDC No. 3:15-CV-2708 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * Earl L. Turner appeals the dismissal of his claims against Nationstar Mortgage, L.L.C., for violating 15 U.S.C. § 1692e(4) and (5) and 15 U.S.C. § 1692g(a) and (b) of the Fair Debt Collection Practices Act. The district court dismissed these claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-10338 Document: 00513913542 Page: 2 Date Filed: 03/15/2017 No. 16-10338 Turner failed to state a facially plausible violation of § 1692e(4) and (5) and § 1692g(a) and (b). See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Accordingly, the district court did not err in dismissing these claims. See Causey v. Sewell Cadillac-Chevrolet, Inc., 394 F.3d 285, 288 (5th Cir. 2004). The judgment of the district court is AFFIRMED. 2

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