Michel Mullen v. JPMorgan Chase Bank, N.A.

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 11, 2018
• Docket: 17-10717
• Status: Unpublished

Opinion

Case: 17-10717 Document: 00514507501 Page: 1 Date Filed: 06/11/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 17-10717 June 11, 2018 Lyle W. Cayce MICHEL MULLEN; BJ 400XP INCORPORATED, Clerk

Plaintiffs - Appellants

v.

JPMORGAN CHASE BANK, N.A.; CHASE EQUIPMENT FINANCE INCORPORATED; CHASE EQUIPMENT LEASING INCORPORATED,

Defendants - Appellees

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CV-1525

Before JOLLY, JONES, and HAYNES, Circuit Judges. PER CURIAM:* The court has carefully considered this appeal in light of the briefs, oral arguments and record. Having done so, we find no abuse of discretion nor misapplication of the factors underlying the district court’s discretionary decision to dismiss this declaratory judgment action. See St. Paul Ins. Co. v. Trejo, 39 F.3d 585 (5th Cir. 1994); Sherwin-Williams Co. v. Holmes County, 343 F.3d 383, 390 (5th Cir. 2003) (“The Fifth Circuit uses the Trejo factors to

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-10717 Document: 00514507501 Page: 2 Date Filed: 06/11/2018

No. 17-10717 guide a district court’s exercise of discretion to accept or decline jurisdiction over a declaratory judgment suit.”). AFFIRMED.