Randolph Rabbe v. Wells Fargo Home Mortgage, Inc ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2906
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Randolph Michael Rabbe; Lisa Ann Rabbe
lllllllllllllllllllllPlaintiffs - Appellants
v.
Wells Fargo Home Mortgage, Inc.; Wells Fargo, N.A.
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: April 27, 2018
Filed: May 2, 2018
[Unpublished]
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Before GRUENDER, BENTON, and STRAS, Circuit Judges.
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PER CURIAM.
In this removed action, Randolph and Lisa Rabbe appeal after the district court1
denied them leave to amend their complaint, and adversely granted judgment on the
pleadings. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
This court concludes that the denial of leave to amend was proper, and that the
grant of judgment on the pleadings was correct for the reasons stated by the district
court. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir. 2008) (court
may deny motion to amend when amendment would be futile), Poehl v. Countrywide
Home Loans, Inc., 528 F.3d 1093, 1096 (8th Cir. 2008) (grant of judgment on the
pleadings reviewed de novo); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(pleading must contain sufficient facts to state claim that is plausible on its face).
The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
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