Terrell Johnson, et al v. Deutsche Bank National Trust, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Bobby E. Shepherd and Jane Kelly (UNPUBLISHED) [4053492] [12-2605]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-2605
___________________________
Terrell Johnson and Allison Johnson,
Yang Lee Vang, and William H.
Washington, Sr.
lllllllllllllllllllll Plaintiffs - Appellants
v.
Deutsche Bank National Trust Company,
HSBC Bank USA, N.A., Mortgage Electronic
Registration Systems, Inc., and
MERSCORP, Inc.
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota - Minneapolis
____________
Submitted: July 5, 2013
Filed: July 11, 2013
[Unpublished]
____________
Before MURPHY, SHEPHERD, and KELLY, Circuit Judges.
____________
PER CURIAM.

Appellate Case: 12-2605

Page: 1

Date Filed: 07/11/2013 Entry ID: 4053492

Plaintiffs appeal the district court’s1 grant of defendants’ motion to dismiss
under Federal Rule of Civil Procedure 12(b)(6). The quiet-title claims brought by
plaintiffs, related to their mortgage debts, are identical to claims in at least two prior
cases, and this court affirmed the district court’s dismissal of those cases for failure
to state a claim. See Karnatcheva v. JP Morgan Chase Bank, N.A., 704 F.3d 545,
547-48 (8th Cir. 2013); Blaylock v. Wells Fargo Bank, N.A., 502 Fed. Appx. 623,
624 (8th Cir. 2013) (unpublished per curiam) (affirming dismissal of quiet-title claim
because claims were identical to Karnatcheva and plaintiffs had not distinguished that
case). We therefore affirm, for both the reasons stated in Karnatcheva and the reasons
stated by the district court. See 8th Cir. R. 47B.
______________________________

1

The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota.
-2-

Appellate Case: 12-2605

Page: 2

Date Filed: 07/11/2013 Entry ID: 4053492