Pete Reynosa v. Bank of America, N.A.

FILED NOT FOR PUBLICATION OCT 21 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PETE REYNOSA; PATRICIA No. 12-55861 REYNOSA, D.C. No. 8:11-cv-01955-DOC-AN Plaintiffs - Appellants, v. MEMORANDUM* BANK OF AMERICA N.A.; et al., Defendants - Appellees. Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Submitted October 14, 2014** Before: LEAVY, GOULD, and BERZON, Circuit Judges. Pete and Patricia Reynosa appeal pro se from the district court’s judgment dismissing their wrongful foreclosure action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). comply with local rules, Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam), and we affirm. The district court did not abuse its discretion in dismissing the action because the Reynosas failed to oppose defendants’ motions to dismiss. See C.D. Cal. R. 7-9 (requiring the filing of an opposition or statement of non-opposition to a motion to dismiss); C.D. Cal. R. 7-12 (providing that the failure to file any required document may be deemed consent to the granting or denial of the motion); Ghazali, 46 F.3d at 53-54 (listing the factors to be weighed before dismissing an action for failure to follow the local rules, affirming dismissal for failure to file opposition to motion to dismiss, and noting that pro se litigants are bound by the rules of procedure). Because we affirm the dismissal for failure to comply with the local rules, we do not address the Reynosas’ contentions concerning the merits of their claims. AFFIRMED. 2 12-55861