John M. Dutton v. Mueller & Drury Pc;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN M. DUTTON,
Plaintiff-Appellant,
v.
MUELLER & DRURY PC; et al.,
Defendants-Appellees.
No. 17-16202
D.C. No. 2:17-cv-00069-JJT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John Joseph Tuchi, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
John M. Dutton appeals pro se from the district court’s judgment dismissing
his action alleging violations 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
* 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).
FILED
JAN 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 17-16202
dismissal under Federal Rule of Civil Procedure 12(b)(6). Cervantes v.
Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.
The district court properly dismissed Dutton’s action because Dutton failed
to allege facts sufficient to show a qualifying “debt” and that Dutton is a
“consumer” under the FDCPA. See 15 U.S.C. § 1692a(3), (5) (defining
“consumer” and “debt” under the FDCPA).
The district court did not abuse its discretion by dismissing the complaint
without leave to amend because amendment would be futile. See Cervantes, 656
F.3d at 1041 (setting forth standard of review and explaining that dismissal without
leave to amend is proper when amendment would be futile); see also Walls v.
Wells Fargo Bank, N.A., 276 F.3d 502, 510-11 (9th Cir. 2002) (holding that an
FDCPA claim based on an alleged violation of the Bankruptcy Code is precluded
because the sole remedy “lies in the Bankruptcy Code”).
We reject as unsupported by the record Dutton’s contention that the district
judge was biased.
AFFIRMED.

-- 2 of 2 --