NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARINA CALOVE, No. 16-16044
Plaintiff-Appellant, D.C. No. 2:14-cv-01329-JAD-NJK
v.
MEMORANDUM*
NATIONSTAR MORTGAGE, LLC,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Marina Calove appeals pro se from the district court’s judgment dismissing
her action alleging a violation of the Fair Debt Collection Practices Act
(“FDCPA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Mashiri
*
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).
v. Epsten Grinnell & Howell, 845 F.3d 984, 988 (9th Cir. 2017). We affirm.
The district court properly dismissed Calove’s claim under 15 U.S.C.
§ 1692g(b) because notice disputing the alleged debt was made more than thirty
days after the initial communication about the debt. See 15 U.S.C. § 1692g(b)
(written dispute by the debtor must be made within thirty days after receipt of the
initial communication about the debt); Mahon v. Credit Bureau of Placer Cty. Inc.,
171 F.3d 1197, 1203 (9th Cir. 1999) (“[A] tardy request for verification of the debt
. . . [does] not trigger any obligation . . . to verify the debt.”). We reject as without
merit Calove’s contention that she alleged other violations of the FDCPA in the
operative complaint.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending requests are denied.
AFFIRMED.
2 16-16044