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14-1123•Nhut Le; Chai M. Le Plaintiffs - Appellants United States of America v. Wells Fargo Bank, N.A.; Schiller & Adam, P.A.; James J. Pauly; Divine N. Difongwa
14-1123Court of Appeals for the Eighth CircuitMar 31, 2015
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-2152
___________________________
Nhut Le; Chai M. Le
lllllllllllllllllllll Plaintiffs - Appellants
United States of America
lllllllllllllllllllll Plaintiff
v.
Wells Fargo Bank, N.A.; Schiller & Adam, P.A.; James J. Pauly; Divine N. Difongwa
lllllllllllllllllllll Defendants - Appellees
Sidney Jintara Yang; Wells Fargo & Company
lllllllllllllllllllll Defendants
Rebecca Schiller; Sarah J.B. Adam; Jeffrey D. Klobucar
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota - Minneapolis
____________
Submitted: March 6, 2015
Filed: March 13, 2015
[Unpublished]
____________
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Before MURPHY, BOWMAN, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Nhut Le and Chai M. Le appeal from the order of the District Court dismissing1
their complaint. Following careful de novo review, we agree with the District Court
that the Les’ complaint—which was devoid of factual allegations and contained only
conclusory legal theories about improprieties surrounding the foreclosure sale of their
home and the underlying loan-related documents—failed to state a claim upon which
relief could be granted. See Fed. R. Civ. P. 12(b)(6); see also Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (“To survive a motion to dismiss, a complaint must contain
sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible
on its face.’” (citation to quoted case omitted)); Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007); Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848
(8th Cir. 2014) (standard of review). We have considered the Les’ other arguments
for reversal and find them to be without merit. We therefore affirm the judgment of
the District Court.
______________________________
The Honorable Susan Richard Nelson, United States District Judge for the1
District of Minnesota, adopting the report and recommendations of the Honorable
Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.
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