Joe Bailey v. Deutsche Bank Trust Co., et al

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PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4362476] [15-2137]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2137 ___________________________ Joe L. Bailey lllllllllllllllllllll Plaintiff - Appellant v. Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Assets-Backed Pass- Through Certificates, Series 2007-QS3 aka RALI Series 2007-QSE Trust; Wells Fargo Bank, N.A. successor by merger to Wachovia Mortgage Corporation lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: January 19, 2016 Filed: February 2, 2016 [Unpublished] ____________ Before SMITH, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-2137 Page: 1 Date Filed: 02/02/2016 Entry ID: 4362476 In this action challenging the non-judicial foreclosure sale of his Missouri residence, Joe Bailey appeals after the district court1 granted a Fed. R. Civ. P. 12(b)(6) motion to dismiss his complaint. Upon careful de novo review, see Levy v. Ohl, 477 F.3d 988, 991 (8th Cir. 2007) (standard of review), we conclude that the complaint was properly dismissed, as nothing in Bailey’s complaint indicated that the challenged conduct was carried out by a party that was not the lawful holder of his promissory note. See Lackey v. Wells Fargo Bank, N.A., 747 F.3d 1033, 1037-38 (8th Cir. 2014) (discussing rights and powers of holder of promissory note under Missouri law); see also Fullington v. Pfizer, Inc., 720 F.3d 739, 747 (8th Cir. 2013) (appellate court may affirm on any basis supported by record). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri. -2- Appellate Case: 15-2137 Page: 2 Date Filed: 02/02/2016 Entry ID: 4362476

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