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YAHUDAH WASHITAW OF EASTTERRA INDIANS; David Hoskins; Kerklon Stackhouse; Shawn Singletary, Plaintiffs-Appellants, Maurice Stackhouse, Deceased, Plaintiff, v. PHH MORTGAGE CORPORATION; JP Morgan Chase BK, NA; Cit Group/Sales Financing, Inc.; State of North Carolina; the United States; DKL Investments, LLC, Defendants-Appellees, Nations Star, Defendant.
Proceeding pro se, Yahudah Washitaw of EastTerra Indians (Washitaw), David Hoskins, Kerklon Stackhouse, and Shawn Singletary seek to appeal the district court's order dismissing their amended complaint for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). Because Washitaw may only proceed in federal court through licensed counsel, we dismiss the appeal as to Washitaw. See Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02, 113 S.Ct. 716, 121 L.Ed.2d 656 (1993); Fraass Survival Sys., Inc. v. Absentee Shawnee Econ. Dev. Auth., 817 F.Supp. 7, 10-11 (S.D.N.Y. 1993). As to the remaining Appellants, we have reviewed the record and find no reversible error. Accordingly, although we grant those Appellants leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Yahudah Washitaw of EastTerra Indians v. PHH Mortg. Corp., No. 5:17-cv-00377-BR, 2017 WL 6541508 (E.D.N.C. Dec. 21, 2017). We deny the motion for judicial assistance by an indigenous tribe. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED IN PART; DISMISSED IN PART
PER CURIAM:
Affirmed in part, dismissed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
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Docket No: No. 18-1068
Decided: June 04, 2018
Court: United States Court of Appeals, Fourth Circuit.
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