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Nicholas Daniels v. Federal Home Loan Mtge, 15-10236 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 15-10236 Visitors: 33
Filed: Oct. 22, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-10236 Document: 00513243161 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 22, 2015 No. 15-10236 Summary Calendar Lyle W. Cayce Clerk NICHOLAS C. DANIELS; ROWENA DANIELS, Plaintiffs - Appellants v. FEDERAL HOME LOAN MORTGAGE CORPORATION, also known as Freddie Mac, Defendant - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CV-3129
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Case: 15-10236 Document: 00513243161 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 22, 2015 No. 15-10236 Summary Calendar Lyle W. Cayce Clerk NICHOLAS C. DANIELS; ROWENA DANIELS, Plaintiffs - Appellants v. FEDERAL HOME LOAN MORTGAGE CORPORATION, also known as Freddie Mac, Defendant - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CV-3129 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The property of Appellants was sold after foreclosure in 2011, and Appellants have sought judicial relief since – but always without success. They filed in state court that year a case removed to federal court and dismissed in 2013 for failure to state a legal claim. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10236 Document: 00513243161 Page: 2 Date Filed: 10/22/2015 No. 15-10236 Federal Home Loan Mortgage Corporation brought forcible detainer suit for possession of the property, which eventually disposed of Appellant’s claim. That state proceeding was interrupted when Appellants filed a suit that was resolved, again for failure to state a claim, by the Fifth Circuit in 2014, and then completed by the state court. Regarding the present suit as an attempt to set aside the state court’s forcible detainer judgment, Appellants encounter the Rooker-Feldman rule. That is where the district court ended, and we must affirm that judgment. AFFIRMED. 2
Source:  CourtListener

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