Deutsche Bank National Trust Company v. Ivy Inocencio, No. 15-1391 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1391 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2005-OPT2, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-OPT 2, Plaintiff - Appellant, v. IVY K. INOCENCIO; MARISSA P. GOMEZ; EQUITY TRUSTEES, LLC; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:15-cv-00015-TSE-MSN) Submitted: December 29, 2015 Decided: January 7, 2016 Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. S. Mohsin Reza, Mary C. Zinsner, TROUTMAN SANDERS LLP, Tysons Corner, Virginia, for Appellant. Carolina D. Ciraolo, Acting Assistant Attorney General, Thomas J. Clark, Regina S. Mariarty, DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Deutsche Bank National Trust Co. brought suit in Virginia state court seeking rescission of a foreclosure sale that took place approximately removed the action four to years district earlier. court The and pursuant to Fed. R. Civ. P. 12(b)(1), (6). United moved to States dismiss The district court granted the motion to dismiss as to the United States, based on lack of subject matter jurisdiction. Because there were no viable remaining claims as against the remaining defendants, the court also dismissed the action in its entirety. We have reviewed the parties’ briefs, as well as the record on appeal, and find district no reversible court’s error. judgment. We Accordingly, dispense with we affirm oral the argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2
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