Asar khufu El v. Platinum Home Mortgage Services, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Asar khufu El v. Platinum Home Mortgage Services, Inc., 490 F. App'x 306 (11th Cir. 2012)

Asar khufu El v. Platinum Home Mortgage Services, Inc.

Opinion

PER CURIAM:

Asar Khufu El and Anna Sanders (Appellants), proceeding pro se, appeal the district court’s dismissal of their complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. On appeal, Appellants do not address the reasons for the district court’s dismissal of their complaint. Instead, Appellants argue that CitiMort-gage lacked standing to initiate foreclosure proceedings, and that the district court erred by refusing to enter a default judgment against Century Mortgage Corp. (Century).

Appellants’ complaint did not allege any facts to support their argument that Citi-Mortgage lacked standing to start the foreclosure proceedings. Their conclusory allegations were insufficient to state a claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). As for Appellants’ other claims, Appellants have abandoned them by failing to address them in their opening brief. See Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570, 1573 n. 6 (11th Cir. 1989).

We review for abuse of discretion a district court’s denial of a motion for default judgment. Mitchell v. Brown & William *307 son Tobacco Corp., 294 F.3d 1309, 1316 (11th Cir. 2002). A party’s default does not by itself warrant the entry of a default judgment unless there is “a sufficient basis in the pleadings for the judgment entered.” Nishimatsu Constr. Co. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). 1 Century’s failure to answer the complaint did not require the district court to enter a default judgment because Appellants’ complaint failed to provide a proper basis for judgment against Century. Accordingly, the district court did not abuse its discretion when it refused to enter a default judgment against Century.

AFFIRMED.

1

. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), this Court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to close of business on September 30, 1981.

Reference

Full Case Name
Asar KHUFU EL, Anna Sanders, Plaintiffs-Appellants, v. PLATINUM HOME MORTGAGE SERVICES, INC., Century Mortgage Corp., CitiMortgage, Inc., Mortgage Electronic Registration System, Federal Home Loan Mortgage Corp., Defendants-Appellees
Status
Unpublished