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Shoop v. Deutsche Bank Nat'l Trust Co.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 6, 2012
465 F. App'x 646 (9th Cir. 2012)

Summary

finding that district court did not err by dismissing action sua sponte for failure to state a claim despite not providing the plaintiffs notice and an opportunity to oppose dismissal

Summary of this case from Scott v. Bluegreen Vacations Unlimited, Inc.

Opinion

No. 10-16440 D.C. No. 1:10-cv-01049-LJO-DLB

01-06-2012

SHAUNA SHOOP; JAMES L. SHOOP, Plaintiffs - Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust 2006-1, Mortgage-Backed Notes Series 2006-1, Defendant - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O'Neill, District Judge, Presiding

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

Shauna Shoop and James L. Shoop appeal pro se from the district court's judgment sua sponte dismissing their action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987), and we affirm.

The district court properly dismissed the Shoops' Truth in Lending Act claims as time-barred. See 15 U.S.C. § 1635(f) (right of rescission must be exercised within three years of consummation of the transaction); 15 U.S.C. § 1640(e) (an action for damages must be brought within one year of the alleged violation).

The district court did not err by dismissing the Shoops' action sua sponte for failure to state a claim despite not providing the Shoops notice and an opportunity to oppose dismissal. See Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir. 1988) (trial court may sua sponte dismiss for failure to state a claim without notice or an opportunity to respond where "the plaintiffs cannot possibly win relief" (alteration, citation and internal quotation marks omitted)).

The Shoops' remaining contentions are unpersuasive.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, nor allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.


Summaries of

Shoop v. Deutsche Bank Nat'l Trust Co.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 6, 2012
465 F. App'x 646 (9th Cir. 2012)

finding that district court did not err by dismissing action sua sponte for failure to state a claim despite not providing the plaintiffs notice and an opportunity to oppose dismissal

Summary of this case from Scott v. Bluegreen Vacations Unlimited, Inc.

upholding district court's dismissal of time-barred TILA claim where plaintiffs, unlike here, were not represented by counsel and were never given an opportunity to respond to a motion to dismiss

Summary of this case from Grossman v. JP Morgan Chase

affirming district court's sua sponte dismissal o plaintiffs' TILA claims based on a statute of limitations

Summary of this case from Kemmerlin v. Hill

affirming district court's sua sponte dismissal of TILA claim where claim was barred by the statute of limitations, "despite not providing the Shoops notice and an opportunity to oppose dismissal"

Summary of this case from Sotanski v. Hsbc Bank Usa, N.A.
Case details for

Shoop v. Deutsche Bank Nat'l Trust Co.

Case Details

Full title:SHAUNA SHOOP; JAMES L. SHOOP, Plaintiffs - Appellants, v. DEUTSCHE BANK…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 6, 2012

Citations

465 F. App'x 646 (9th Cir. 2012)

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