Phyllis Allen v. BAC Home Loans Servicing, LP, et al

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 19, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-15759
Non-Argument Calendar
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D. C. Docket No. 1:11-cv-00743-WSD
PHYLLIS ALLEN,
Plaintiff-Appellant,
versus
BAC HOME LOANS SERVICING, LP,
MCCALLA RAYMER, LLC,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Georgia
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(June 19, 2012)
Before TJOFLAT, JORDAN and ANDERSON, Circuit Judges.
PER CURIAM:
This is a civil action stemming from the allegedly wrongful foreclosure of

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residential property. The suit began in state court, and defendants removed the
case to the District Court because it contained a claim under the Real Estate
Settlement Procedures Act (“RESPA”), 12 U.S.C. § § 2601 et seq., and gave the
court subject matter jurisdiction. See 28 U.S.C. § 1331. Defendants moved the
district court to dismiss plaintiff’s complaint for failure to state a claim for relief.
Plaintiff failed to respond to defendants’ motions to dismiss, as required by the
District Court’s Local Rule 7.1. Then, following its independent review of the
complaint’s allegations, the District Court found no merit in any of plaintiff’s
claims and, in an order entered on March 31, 2011, granted defendants’ motions.
Record, Vol. 1 at Tab 12.
Ten days later, plaintiff moved the court pursuant to Federal Rule of Civil
Procedure 60(b)(4) and (6) to set aside the court’s judgment for lack of subject
matter jurisdiction and for leave to file a motion to remand. The District Court
denied the motion in an order entered on November 7, 2011, id. at Tab 12, and on
December 5, 2011, plaintiff filed a notice of appeal, appealing the District Court’s
November 7, 2011 order denying her Rule 60(b)(4)(and (6) motion. Id. at Tab 21.
We find no error in the District Court’s November 7, 2011 order. It is
therefore
AFFIRMED.
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