Michelle Baker v. CitiMortgage, Inc.

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2157 ___________________________

Michelle A. Baker

lllllllllllllllllllllPlaintiff - Appellant

v.

CitiMortgage, Inc.; Mortgage Electronic Registration System, Inc. ("MERS")

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota - Minneapolis ____________

Submitted: February 13, 2019 Filed:February 26, 2019 [Unpublished] ____________

Before LOKEN, COLLOTON, and KOBES, Circuit Judges. ____________

PER CURIAM.

In this foreclosure-related action, Michelle Baker appeals after the district 1 court dismissed her complaint under Federal Rule of Civil Procedure 12(b)(6). After

1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable careful de novo review, we conclude that the district court did not err in determining that Baker failed to state a claim upon which relief could be granted. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We further conclude that there is no merit to Baker’s arguments on appeal that she was improperly denied a hearing, an opportunity to engage in discovery, and a jury trial. See Fed. R. Civ. P. 78(b) (“[T]he court may provide for submitting and determining motions on briefs, without oral hearings.”); Toben v. Bridgestone Retail Operations, LLC, 751 F.3d 888, 895 (8th Cir. 2014) (district courts have wide discretion in handling discovery matters); Duncan v. Dep’t of Labor, 313 F.3d 445, 447 (8th Cir. 2002) (per curiam) (because dismissal was proper, there was no issue for trial). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________

Katherine M. Menendez, United States Magistrate Judge for the District of Minnesota.

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