Carter v. Wells Fargo Bank, N.A.

Full title: GARY E. CARTER, Plaintiff, v. WELLS FARGO BANK, N.A. AS TRUSTEE FOR DELTA…

Court: United States District Court, D. Oregon

Date published: Apr 28, 2011

Civ. No. 11-179-AA (D. Or. Apr. 28, 2011)

Opinion

Civ. No. 11-179-AA.

April 28, 2011

ORDER

ANN AIKEN, District Judge

Plaintiff brought suit alleging that Deed of Trust encumbering his property was fraudulent and not properly assigned, and as a result, defendant has no rights to the property. Plaintiff seeks to quiet title and a declaration that he is the owner of the property.

Defendant moved to dismiss plaintiffs complaint for failure to state a claim and other asserted grounds. In response, plaintiff moved to voluntarily dismiss, stating that defendant has canceled a Trustee's Sale and plaintiff therefore "has no further cause of action." Defendant filed no opposition to plaintiff's motion to voluntarily dismiss.

Accordingly, plaintiff's Motion to Voluntary Dismiss (doc. 8) is GRANTED, and this action is DISMISSED without prejudice. Defendant's Motion to Dismiss (doc. 4) is DENIED as moot.

IT IS SO ORDERED.

Dated this 26 day of April, 2011.