633 Fed.Appx. 290 (5th Cir. 2016), 15-40798, Cervantes v. New Century Mortgage Corp.

• Citation: 633 Fed.Appx. 290
• Opinion Judge: PER CURIAM
• Party Name: ALESSANDRO F. CERVANTES, Plaintiff - Appellant v. NEW CENTURY MORTGAGE CORPORATION; OCWEN LOAN SERVICING, L.L.C.; BARCLAYS CAPITAL REAL ESTATE, INCORPORATED, doing business as HomeEq Servicing Corporation; MORTGAGE ASSET SECURITIZATION TRANSACTION, INCORPORATED; U.S. BANK NATIONAL ASSOCIATION, Defendants - Appellees
• Attorney: ALESSANDRO F. CERVANTES, Plaintiff - Appellant, Pro se, Laredo, TX. For OCWEN LOAN SERVICING, L.L.C., U.S. BANK NATIONAL ASSOCIATION, Defendants - Appellees: Calvin Don Clayton, Esq., Attorney, Daniel Mark Branum, Thomas F. Loose, Esq., Robert Thompson Mowrey, Locke Lord, L.L.P., Dallas, TX.
• Judge Panel: Before WIENER, HIGGINSON, and COSTA, Circuit Judges.
• Case Date: March 04, 2016
• Court: United States Courts of Appeals, U.S. Court of Appeals — Fifth Circuit

Page 290

633 Fed.Appx. 290 (5th Cir. 2016)

ALESSANDRO F. CERVANTES, Plaintiff - Appellant

v.

NEW CENTURY MORTGAGE CORPORATION; OCWEN LOAN SERVICING, L.L.C.; BARCLAYS CAPITAL REAL ESTATE, INCORPORATED, doing business as HomeEq Servicing Corporation; MORTGAGE ASSET SECURITIZATION TRANSACTION, INCORPORATED; U.S. BANK NATIONAL ASSOCIATION, Defendants - Appellees

No. 15-40798

United States Court of Appeals, Fifth Circuit

March 4, 2016

UNPUBLISHED

Editorial Note:

Please Refer Federal Rule of Appellate Procedure Rule 32.1

Appeal from the United States District Court for the Southern District of Texas. USDC No. 5:14-CV-180.

ALESSANDRO F. CERVANTES, Plaintiff - Appellant, Pro se, Laredo, TX.

For OCWEN LOAN SERVICING, L.L.C., U.S. BANK NATIONAL ASSOCIATION, Defendants - Appellees: Calvin Don Clayton, Esq., Attorney, Daniel Mark Branum, Thomas F. Loose, Esq., Robert Thompson Mowrey, Locke Lord, L.L.P., Dallas, TX.

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

OPINION

PER CURIAM:^[*]

Alessandro F. Cervantes appeals the dismissal of his complaint, which is rooted in alleged unrecorded assignments of a mortgage note in violation of state and federal laws, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). We review dismissal under Rule 12(b)(6) de novo, accepting well-pleaded facts as true. See, e.g., In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007).

Appearing pro se, Cervantes asserted a number of claims. Construing the complaint liberally, Andrade v. Gonzales, 459 F.3d 538, 543 (5th Cir. 2006) (stating that courts " must construe the pleadings of pro se litigants liberally" ), the district court understood these claims to include: a claim to void a mortgage on his property--based on allegations that Defendants did not properly record relevant assignments; a claim for slander of title; fraud claims under the Texas Penal Code; and claims for declaratory and injunctive relief. Reviewing the complaint, record, and relevant law, we find that dismissal under 12(b)(6) is proper largely for the reasons stated by the district court.

Cervantes contends he also asserted a claim that the district court ignored: " suit to remove cloud from title or suit to quiet title." His pleading does not include the phrase " remove cloud from title" and only mentions " quieting title" within the final Prayer for Relief, which requests that the...