Bohumir Marik v. Buckeye Retirement, (8th Cir. 2001)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 00-3575
Bohumir Marik, Appellant, v. Buckeye Retirement Co., L.L.C., Ltd., Appellee.
Submitted: July 27, 2001 Filed: August 2, 2001
Before WOLLMAN, Chief Judge, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
PER CURIAM.
Bohumir Marik appeals the district courtÂ’s1 dismissal of his claims against the Federal Deposit Insurance Corporation (FDIC), and the courtÂ’s subsequent dismissal of his claims against MNSB Properties, Inc. ("MNSB"), in MarikÂ’s quiet title action
removed from state court.2 He also moves for judicial notice of certain court orders in a prior related action.
Having thoroughly reviewed the record, we agree with the district court that Marik§ 1821(d), a provision of the Financial Institutions Reform, Recovery & Enforcement Act of 1989 (FIRREA), which provides mandatory administrative remedies against subject failed financial institutions and bars courts from considering unexhausted claims. Marik§ 1821(d)(13)(D)(ii), for which FDIC was appointed receiver. It is undisputed that Marik did not exhaust his administrative remedies. We agree with the district court, therefore, that dismissal of FDIC without prejudice was required. See Resolution Trust Corp. Mortgage Trust 1994-N2 v. Haith, 133 F.3d 574, 578-80 (8th Cir. 1998).
We also conclude that the district court did not abuse its discretion in dismissing defendant MNSB: after this lawsuit was filed, MNSB assigned to FDIC all of MNSBÂ’s interests in the property that is the subject of this suit. See Fed. R. Civ. P. 25 (c). We clarify that MNSBÂ’s dismissal also is without prejudice.
Accordingly, we grant MarikÂ’s motion on appeal, but we affirm the district courtÂ’s orders and judgment. See 8th Cir. R. 47B.
Appeal from the United States
District Court for the Western
District of Missouri.
[UNPUBLISHED]
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[1] The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.
[2] While this appeal was pending, Buckeye Retirement Co., L.L.C., Ltd., was granted leave to be substituted as appellee for FDIC and MNSB.
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