Deutsche Bank National Trust Company, As Trustee for Carrington Mortgage Loan Trust,… v. Ivy K. Inocencio; Marissa P. Gomez; Equity Trustees, LLC; United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1391
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
CARRINGTON MORTGAGE LOAN TRUST, SERIES 2005-OPT2, ASSET
BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-OPT 2,
Plaintiff - Appellant,
v.
IVY K. INOCENCIO; MARISSA P. GOMEZ; EQUITY TRUSTEES, LLC;
UNITED STATES OF AMERICA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:15-cv-00015-TSE-MSN)
Submitted: December 29, 2015 Decided: January 7, 2016
Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
S. Mohsin Reza, Mary C. Zinsner, TROUTMAN SANDERS LLP, Tysons
Corner, Virginia, for Appellant. Carolina D. Ciraolo, Acting
Assistant Attorney General, Thomas J. Clark, Regina S. Mariarty,
DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Deutsche Bank National Trust Co. brought suit in Virginia
state court seeking rescission of a foreclosure sale that took
place approximately four years earlier. The United States
removed the action to district court and moved to dismiss
pursuant to Fed. R. Civ. P. 12(b)(1), (6). The district court
granted the motion to dismiss as to the United States, based on
lack of subject matter jurisdiction. Because there were no
viable remaining claims as against the remaining defendants, the
court also dismissed the action in its entirety. We have
reviewed the parties’ briefs, as well as the record on appeal,
and find no reversible error. Accordingly, we affirm the
district court’s judgment. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED

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