Fifth Circuit

Failure to State a Claim

Riley brought this lawsuit, which was disposed by the Fifth Circuit, for the often and too common ruling of failure to state a claim, confirming Bank win.

JONES, EDITH H.

SMITH, JERRY E.

HIGGINGBOTHAM, PATRICK E.

Riley brought this lawsuit, which was disposed by the Fifth Circuit, for the often and too common ruling of failure to state a claim, confirming Bank win.

“George O. Riley and Trena Riley (the Rileys) sued the defendants, alleging violations of federal and state law in conjunction with the attempted and actual foreclosure on the Rileys’ property.

The district court granted the defendants’ motions to dismiss and dismissed the Rileys’ complaint for failure to state a claim upon which relief can be granted. The district court also denied the Rileys’ motion for relief from the judgment in a prior lawsuit and denied the Rileys leave to amend their complaint.

The Rileys appeal these rulings and also move for judicial notice of various documents.

For the reasons that follow, we affirm the judgment of the district court and deny the Rileys’ motion for judicial notice. 

Riley v Wells Fargo et al

Before HIGGINBOTHAM, JONES, and SMITH

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