Michelle Baker v. CitiMortgage, Inc., No. 18-2157 (8th Cir. 2019)

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Court Description: Per Curiam - Before Loken, Colloton and Kobes, Circuit Judges] Civil case - Foreclosures. Dismissal for failure to state a claim affirmed without comment.
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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Court for the District of Minnesota - Minneapolis ____________ Submitted: February 13, 2019 Filed:February 26, 2019 [Unpublished] ____________ Before LOKEN, COLLOTON, and KOBES, Circuit Judges.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 court dismissed her complaint under Federal Rule of Civil Procedure 12(b)(6). After 1 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. -2-