NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AUDIE REYNOLDS, No. 17-16696
Plaintiff-Appellant, D.C. No. 3:17-cv-08123-JJT
v.
MEMORANDUM*
OCWEN LOAN SERVICING, LLC and
UNKNOWN PARTIES, named as: Does (1-
10),
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
John Joseph Tuchi, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
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
*
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).
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.
2 17-16696