From Casetext: Smarter Legal Research

Sun-Ming Sheu v. Centex Home Equity

United States Court of Appeals, Second Circuit
Oct 3, 2008
295 F. App'x 392 (2d Cir. 2008)

Opinion

No. 07-2210-cv.

October 3, 2008.

UPON DUE CONSIDERATION of this appeal from a judgment entered in the United States District Court for the Eastern District of New York (Ross, J.), it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Sun-Ming Sheu (Ming-Chien Hsu, on the brief), pro se, Flushing, N.Y. (on submission), for Plaintiffs-Appellants.

Kara Kantor Lewis (Zachary D. Rosenbaum, on the brief), Lowenstein Sandier PC, Roseland, N.J. (on submission), for Defendant-Appellee.

PRESENT: Hon. GUIDO CALABRESI, Hon. SONIA SOTOMAYOR, Hon. BARRINGTON D. PARKER, Circuit Judges.


SUMMARY ORDER

Plaintiffs-Appellants Sun-Ming Sheu and Ming-Chien Hsu ("Appellants") appeal from the decision of the United States District Court for the Eastern District of New York (Ross, J.) dismissing sua sponte Appellants' claims regarding alleged violations of criminal statutes by the defendant. We assume the parties' familiarity with the facts, procedural history, and scope of the issues presented on appeal.

We affirm the District Court's dismissal of these claims for substantially the reasons stated by the District Court. Sheu v. Centex Home Equity, No. 06-CV-2235(ARR) (E.D.N.Y. Sept. 18, 2006) (memorandum order). Appellants do not raise the dismissal of their remaining claims in this appeal, and so any challenge to the District Court's dismissal of those claims is waived. See LoSacco v. City of Middletown, 71 F.3d 88, 92 (2d Cir. 1995). In any event, these "remaining" claims are without merit because the District Court correctly concluded that they were barred by res judicata. Sheu v. Centex Home Equity, No. 06-CV-2235(ARR), at *7-10 (E.D.N.Y. Apr. 23, 2007) (opinion order).

We have considered all of Appellants' claims and find them to be without merit. Accordingly, we AFFIRM the judgment of the District Court.


Summaries of

Sun-Ming Sheu v. Centex Home Equity

United States Court of Appeals, Second Circuit
Oct 3, 2008
295 F. App'x 392 (2d Cir. 2008)
Case details for

Sun-Ming Sheu v. Centex Home Equity

Case Details

Full title:SUN-MING SHEU, Ming-Chien Hsu, Plaintiffs-Appellants, v. CENTEX HOME…

Court:United States Court of Appeals, Second Circuit

Date published: Oct 3, 2008

Citations

295 F. App'x 392 (2d Cir. 2008)

Citing Cases

Murphy v. Bank of N.Y. Mellon

The statute contains no private cause of action. See Sheu v. Centex Home Equity, 2006 U.S. Dist. LEXIS 97849,…

Miller v. Austin

Private individuals may not seek criminal remedies under 18 U.S.C. §§ 241, 245, 1621 or under 28 U.S.C. §…