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

Filing

UNPUBLISHED OPINION FILED.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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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