Nhut Le v. Wells Fargo Bank, N.A.

Eighth Circuit

Nhut Le v. Wells Fargo Bank, N.A.

595 F. App'x 661

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 13, 2015

Docket14-2152

StatusUnpublished

Cited by2 cases

This text of 595 F. App'x 661 (Nhut Le v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nhut Le v. Wells Fargo Bank, N.A., 595 F. App'x 661 (8th Cir. 2015).

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Opinion

PER CURIAM.

Nhut Le and Chai M. Le appeal from the order of the District Court 1 dismissing their complaint. Following careful de novo review, we agree with the District Court that the Les’ complaint — which was devoid of factual allegations and contained only conclusory legal theories about improprieties surrounding the foreclosure sale of their home and the underlying loan-related documents — failed to state a claim upon which relief could be granted. See Fed. R.Civ.P. 12(b)(6); see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” (citation to quoted case omitted)); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848 (8th Cir.2014) (standard of review). We have considered the Les’ other arguments for reversal and find them to be without merit. We therefore affirm the judgment of the District Court.

1

. The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.

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PER CURIAM.

Nhut Le and Chai M. Le appeal from the order of the District Court 1 dismissing their complaint. Following careful de novo review, we agree with the District Court that the Les’ complaint — which was devoid of factual allegations and contained only conclusory legal theories about improprieties surrounding the foreclosure sale of their home and the underlying loan-related documents — failed to state a claim upon which relief could be granted. See Fed. R.Civ.P. 12(b)(6); see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” (citation to quoted case omitted)); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848 (8th Cir.2014) (standard of review). We have considered the Les’ other arguments for reversal and find them to be without merit. We therefore affirm the judgment of the District Court.

1

. The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.

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595 F. App'x 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nhut-le-v-wells-fargo-bank-na-ca8-2015.

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