Case: 16-50692 Document: 00513845359 Page: 1 Date Filed: 01/23/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50692 FILED
Summary Calendar January 23, 2017
Lyle W. Cayce
Clerk
TRAVIS R. PHILLIPS,
Plaintiff - Appellant
v.
JP MORGAN CHASE BANK, N.A.,
Defendant - Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:16-CV-287
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
For the fifth time, Travis Phillips (“Phillips”) filed suit in an effort to
block foreclosure on his home by the lender, JP Morgan Chase Bank, N.A.
(“Chase”). After taking judicial notice of materials from the fourth lawsuit, the
district court granted Chase’s motion to dismiss for failure to state a claim. On
appeal, Phillips challenges only the district court’s adverse decision on
Phillips’s claim that the attempted foreclosure is untimely.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-50692 Document: 00513845359 Page: 2 Date Filed: 01/23/2017
No. 16-50692
In the district court, Phillips argued that Chase previously accelerated
the debt in question and then failed to foreclose within the relevant limitations
period. Chase argued, and the district court agreed, that its April 11, 2014
letter represented an abandonment of the earlier acceleration and that
Phillips’s efforts to distinguish relevant precedents are unavailing. We agree
with the district court. See Boren v. U.S. Nat’l Bank Assoc., 807 F.3d 99, 106
(5th Cir. 2015).
AFFIRMED.
2