FILED
NOT FOR PUBLICATION SEP 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PAULA J. TERRELL, No. 14-35909
Plaintiff-Appellant, D.C. No. 2:14-cv-00930-MJP
v.
MEMORANDUM*
J.P. MORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Paula J. Terrell appeals pro se from the district court’s judgment dismissing
her action alleging federal and state law claims stemming from the servicing of her
mortgage. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
of discretion the denial of a motion for leave to amend. Cervantes v. Countrywide
Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011). We affirm.
The district court properly denied Terrell’s motion for leave to file an
amended complaint because amendment was futile. See Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (“[L]eave to amend should be
granted unless amendment would cause prejudice to the opposing party, is sought
in bad faith, is futile, or creates undue delay”); see also Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007) (plaintiff’s complaint must set forth “more than labels
and conclusions, and a formulaic recitation of the elements of a cause of action will
not do”).
We reject as without merit Terrell’s contention that her action should have
been dismissed without prejudice.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, including the district court’s underlying dismissal of the
action. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 14-35909