Satish Shetty v. Ocwen Loan Servicing LLP

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SATISH SHETTY, No. 15-55661 Plaintiff-Appellant, D.C. No. 2:15-cv-01402-JFW- MRW v. OCWEN LOAN SERVICING LLP; et al., MEMORANDUM* Defendants-Appellees. Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding Submitted August 9, 2017** Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. Satish Shetty appeals pro se from the district court’s judgment dismissing his diversity action alleging foreclosure-related claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). We * 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). affirm. The district court did not abuse its discretion in dismissing Shetty’s action because Shetty did not file an opposition to defendants’ Fed. R. Civ. P. 12(b)(6) motion, request an extension of time to do so, or file an amended complaint. See id. (discussing factors to guide the court’s evaluation of dismissal for failure to comply with local rules); see also Fed. R. Civ. P. 15(a)(1)(B) (allowing a party 21 days to amend its pleading after service of a motion under Rule 12(b)); C.D. Cal. R. 7-9 (requiring the filing of an opposition or statement of non-opposition to a motion to dismiss not later than twenty-one days before the scheduled hearing date); C.D. Cal. R. 7-12 (providing that the failure to file a required document may be deemed consent to the granting or denial of the motion). AFFIRMED. 2 15-55661