FILED
NOT FOR PUBLICATION MAY 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID JOYNER, No. 10-16885
Plaintiff - Appellant, D.C. No. 2:09-cv-02406-GMN-
RJJ
v.
BANK OF AMERICA HOME LOANS MEMORANDUM *
SERVICING, LP and MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
David Joyner appeals pro se from the district court’s judgment dismissing
his action arising out of foreclosure proceedings. We have jurisdiction under 28
*
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).
U.S.C. § 1291. We review de novo. King v. California, 784 F.2d 910, 912 (9th
Cir. 1986). We affirm.
The district court properly dismissed Joyner’s claims for the reasons stated
in its order entered on July 26, 2010.
Contrary to Joyner’s contention, the district court properly applied federal
pleading standards following the removal of the action from state court based on
diversity jurisdiction. See Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1102
(9th Cir. 2003) (“The Federal Rules of Civil Procedure apply irrespective of the
source of subject matter jurisdiction, and irrespective of whether the substantive
law at issue is state or federal.”).
Joyner’s remaining contentions, including those concerning the funding and
securitization of the loan and standing to bring non-judicial foreclosure, are
unpersuasive.
AFFIRMED.
2 10-16885