Kevin Tharp v. CitiMortgage, Inc., No. 19-3178 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Beam and Erickson, Circuit Judges] Civil case. Dismissal of the action affirmed; plaintiff's claims under the Real Estate Settlement Procedures Act and his state law claims for fraud and intentional infliction of mental distress were time-barred.
The court issued a subsequent related opinion or order on December 27, 2021.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3178 ___________________________ Kevin Tharp, lllllllllllllllllllllPlaintiff - Appellant, v. CitiMortgage, Inc., lllllllllllllllllllllDefendant - Appellee. ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: June 2, 2020 Filed: June 5, 2020 [Unpublished] ____________ Before COLLOTON, BEAM, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Kevin Tharp appeals the district court’s1 dismissal of his pro se action against CitiMortgage, Inc. Upon careful de novo review, we affirm. We agree that Tharp 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. failed to state a claim regarding interference with his right to redemption, as he did not plead facts sufficient for the court to infer that CitiMortgage was liable for any wrongdoing. See Minn. Stat. § 580.23; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). We also agree that Tharp’s claims arising under the Real Estate Settlement Procedures Act, and his state law claims for fraud and intentional infliction of emotional distress, were time-barred. See 12 U.S.C. § 2614; Minn. Stat. §§ 541.05, 541.07. Finally, we deny the request in Tharp’s reply brief to supplement the record on appeal. See Dakota Indus., Inc. v. Dakota Sportswear, Inc., 988 F.2d 61, 63 (8th Cir. 1993). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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