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KIGGUNDU v. BANK OF NEW YORK MELLON AS TRUSTEE FOR CWALT 2006 35CB (2019)

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United States Court of Appeals, Fifth Circuit.

Joseph E. KIGGUNDU, Plaintiff - Appellant v. The BANK OF NEW YORK MELLON, formerly known as The Bank of New York, AS TRUSTEE FOR CWALT 2006-35CB; Bayview Loan Servicing, L.L.C., Defendants - Appellees

No. 19-20215

Decided: September 23, 2019

Before WIENER, HAYNES, and COSTA, Circuit Judges. Joseph E. Kiggundu, Pro Se Matt Delmore Manning, McGlinchey Stafford, P.L.L.C., Houston, TX, Richard Dwayne Danner, Litigation Counsel, Daniel P. Troiano, McGlinchey Stafford, P.L.L.C., Dallas, TX, for Defendants-Appellees

Joseph Kiggundu appeals the district court’s dismissal of his fourth (out of five) challenges to the attempted foreclosure of real property located in Spring, Texas. In so doing, he fails to demonstrate any continuing live issues given that the foreclosure in question never occurred, and he does not address any other issues that continue to be live. The appeal, then, is moot. Even if something in the appeal could impact a current issue, Kiggundu has failed to adequately brief such an issue, so it is deemed abandoned. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

The appeal is DISMISSED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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