Filed: Feb. 28, 2011
Latest Update: Feb. 22, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-12875 ELEVENTH CIRCUIT Non-Argument Calendar FEBRUARY 28, 2011 _ JOHN LEY CLERK D.C. Docket No. 1:10-cv-00812-TWT CORNELIUS HENRY, KARIS MUNROE-COOPER, lllllllllllllllllllllPlaintiffs-Appellants, versus GUARANTEED RATES, INC., AURORA LOAN SERVICES, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MCCURDY & CANDLER, LLC, lllllllllllllllllllllDefendants-Appellees. _ Appeal from
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-12875 ELEVENTH CIRCUIT Non-Argument Calendar FEBRUARY 28, 2011 _ JOHN LEY CLERK D.C. Docket No. 1:10-cv-00812-TWT CORNELIUS HENRY, KARIS MUNROE-COOPER, lllllllllllllllllllllPlaintiffs-Appellants, versus GUARANTEED RATES, INC., AURORA LOAN SERVICES, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MCCURDY & CANDLER, LLC, lllllllllllllllllllllDefendants-Appellees. _ Appeal from t..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-12875 ELEVENTH CIRCUIT
Non-Argument Calendar FEBRUARY 28, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cv-00812-TWT
CORNELIUS HENRY,
KARIS MUNROE-COOPER,
lllllllllllllllllllllPlaintiffs-Appellants,
versus
GUARANTEED RATES, INC.,
AURORA LOAN SERVICES, LLC,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
MCCURDY & CANDLER, LLC,
lllllllllllllllllllllDefendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(February 28, 2011)
Before WILSON, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Karis Munroe-Cooper appeals pro se the dismissal of her amended
complaint. Munroe-Cooper sought, for herself and Henry Cornelius, to enjoin or
set aside the foreclosure of property on the grounds that Guaranteed Rates, Inc.,
Aurora Loan Services, LLC, Mortgage Electronic Registration Services, Inc., and
McCurdy & Candler, LLC, violated the National Bank Act, the Truth-in-Lending
Act, the Uniform Commercial Code, and the Real Estate Settlement Procedures
Act. We affirm.
Munroe-Cooper lacked standing to complain about any alleged misconduct
regarding a loan to which she was not a party. To establish standing, a plaintiff
must satisfy three requirements: an injury in fact, causation, and redressability.
Baloco v. Drummond Co., No. 09-16216, slip op. at 7 (11th Cir. Feb. 3, 2011).
Henry purchased property in Ellenwood, Georgia, that Munroe-Cooper allegedly
acquired later by quit claim deed. Munroe-Cooper complained about the
execution, terms, and resale of a mortgage and the foreclosure of that mortgage,
but Henry obtained the mortgage. Because Munroe-Cooper was not a party to the
loan, she was not injured by any alleged misconduct of the defendants with respect
to that loan.
Munroe-Cooper also cannot complain about any alleged harm to Henry.
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CAMP Legal Def. Fund, Inc. v. City of Atlanta,
451 F.3d 1257, 1270 (11th Cir.
2006). Munroe-Cooper lacks any authority to represent Henry. In the federal
courts, “parties may plead and conduct their own cases personally or by counsel,”
28 U.S.C. § 1654, but cannot “represent[] . . . the interests of others,” Timson v.
Sampson,
518 F.3d 870, 873 (11th Cir. 2008).
Even when read liberally, the remainder of Munroe-Cooper’s amended
complaint is incomprehensible and fails to state a claim for relief. See Ashcroft v.
Iqbal,
129 S. Ct. 1937, 1949 (2009); Bell Atl. Corp. v. Twombly,
550 U.S. 544,
555,
127 S. Ct. 1955, 1964–65 (2007). Munroe-Cooper complains that the
defendants violated “banking laws,” “regulation Z,” and “truth in lending laws,”
but Munroe-Cooper fails to explain what provision of those laws the defendants
violated or how the alleged misconduct entitles her to obtain injunctive relief or
recover monetary damages. Munroe-Cooper complains about a breach of contract,
but Munroe-Cooper fails to identify what agreement was breached. Munroe-
Cooper also complains about fraud, but Munroe-Cooper fails to identify any
specific misrepresentations, who made them, or how she was misled. Ziemba v.
Cascade Int’l, Inc.,
256 F.3d 1194, 1202 (11th Cir. 2001).
The dismissal of Munroe-Cooper’s amended complaint is AFFIRMED.
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