Thomas Bray v. Bank of America, et al

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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4001505] [12-2305]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2305 ___________________________ Thomas H. Bray, individually and as alleged Trustee of Multigrain CPT a/k/a Multigrains CPT lllllllllllllllllllll Plaintiff - Counter Defendant - Appellant v. Bank of America, MERS Inc., individually and as nominee, and Countrywide Home Loans lllllllllllllllllllll Defendants - Counter Claimants - Appellees ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: January 29, 2013 Filed: February 5, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-2305 Page: 1 Date Filed: 02/05/2013 Entry ID: 4001505 Thomas Bray appeals the district court’s1 grant of summary judgment to defendants in his quiet title action, removed to federal court based on diversity jurisdiction, and the court’s grant of summary judgment to defendants on their counterclaim seeking foreclosure. Following careful de novo review, see Linn Farms and Timber Ltd. P’ship v. Union Pac. R.R. Co., 661 F.3d 354, 357 (8th Cir. 2011), we conclude that defendants were entitled to summary judgment, both in Bray’s action and on their counterclaim, for the reasons given by the district court. We also find no abuse of discretion in the court’s ruling on Bray’s discovery and recusal motions. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. -2- Appellate Case: 12-2305 Page: 2 Date Filed: 02/05/2013 Entry ID: 4001505

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