Shadrack S. Goad v. McT Group;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHADRACK S. GOAD,
Plaintiff - Appellant,
v.
MCT GROUP; et al.,
Defendants - Appellees.
No. 10-55615
D.C. No. 3:09-cv-01321-BTM-
POR
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, Chief Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Shadrack S. Goad appeals from the district court’s judgment on the
pleadings in his action alleging violations of the Fair Debt Collection Practices Act
(“FDCPA”) and the California Rosenthal Fair Debt Collection Practices Act
(“RFDCPA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
FILED
MAY 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir. 2006). We
affirm.
The district court properly granted judgment on the pleadings because the
Bankruptcy Code precludes Goad’s claims. See Walls v. Wells Fargo Bank, N.A.,
276 F.3d 502, 504, 510-11 (9th Cir. 2002) (holding that a discharged debtor may
not bring a claim under the FDCPA regarding violation of a bankruptcy discharge
injunction because it would “circumvent the Bankruptcy Code’s remedial
scheme”); see also Cal. Civ. Code § 1788.17 (the RFDCPA’s incorporation by
reference of the FDCPA).
We do not consider arguments raised for the first time on appeal. See
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
AFFIRMED.
10-55615 2

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