Opinion
No. 17-16696
04-16-2018
AUDIE REYNOLDS, Plaintiff-Appellant, v. OCWEN LOAN SERVICING, LLC and UNKNOWN PARTIES, named as: Does (1-10), Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:17-cv-08123-JJT MEMORANDUM Appeal from the United States District Court for the District of Arizona
John Joseph Tuchi, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Audie Reynolds appeals pro se from the district court's judgment dismissing his diversity action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Kwan v. SanMedica Int'l, 854 F.3d 1088, 1093 (9th Cir. 2017). We affirm.
The district court properly dismissed Reynolds's action because Reynolds failed to allege facts sufficient to show that Western Progressive - Arizona, Inc. was not a proper trustee authorized to initiate the non-judicial foreclosure process under Arizona state law. See Ariz. Rev. Stat. §§ 33-803(A)(1) (trustee of a deed of trust may be a corporation doing business under the laws of the state as an escrow agent), 33-803(A)(6) (trustee of a deed of trust may be a corporation wholly-owned by any corporation referenced in § 33-803(A)(1)).
The district court did not abuse its discretion by denying leave to amend because amendment would have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).
AFFIRMED.