FILED
NOT FOR PUBLICATION APR 23 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUELLA VAUGHN, No. 11-17902
Plaintiff - Appellant, D.C. No. 2:11-cv-00873-MCE-
CKD
v.
WELLS FARGO HOME MORTGAGE, a MEMORANDUM *
division of Wells Fargo Bank, N.A.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., Chief Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Luella Vaughn appeals pro se from the district court’s judgment dismissing
her action arising out of foreclosure proceedings. We have jurisdiction under 28
U.S.C. § 1291. We review de novo a dismissal of an action as barred by the
*
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).
doctrine of res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.
2002), and for an abuse of discretion the denial of leave to amend a complaint,
Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011).
The district court properly dismissed Vaughn’s action as barred by the
doctrine of res judicata because Vaughn raised, or could have raised, her claims in
her prior action that involved the same defendants and was decided on the merits.
See Stewart, 297 F.3d at 956 (res judicata bars litigation in a subsequent action of
“any claims that were raised or could have been raised in a prior action” (emphasis,
citation, and internal quotation marks omitted)).
The district court did not abuse its discretion by denying Vaughn leave to
file an amended complaint. See Cervantes, 656 F.3d at 1041 (“Although leave to
amend should be given freely, a district court may dismiss without leave where a
plaintiff’s proposed amendments would fail to cure the pleading deficiencies and
amendment would be futile.”).
AFFIRMED.
2 11-17902