Janell Gomes v. Mortgage Electronic Registration Systems, Inc.; Bac Home Loans Servicing, Lp

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JANELL GOMES,
Plaintiff-Appellant,
v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BAC
HOME LOANS SERVICING, LP,
Defendants-Appellees.
No. 12-16754
D.C. No. 2:11-cv-01790-KJM-
GGH
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
This matter has been stayed since February 2, 2015 pending resolution of Ho
v. ReconTrust Co., N.A., No. 10-56884, Park v. Lehman Brothers Bank, FSB, No.
11-55473, or Park v. Quality Loan Service Corp., No. 12-56450, or further order 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).
FILED
NOV 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the court. We hereby lift the stay.
Janell Gomes appeals pro se from the district court’s judgment dismissing
her action alleging violations of the Fair Debt Collection Practices Act and state
law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Hebbe v.
Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.
The district court properly dismissed Gomes’s action because Gomes failed
to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S.
662, 678, 681 (2009) (to avoid dismissal, “a complaint must contain sufficient
factual matter, accepted as true, to state a claim to relief that is plausible on its
face” and conclusory allegations are not entitled to be assumed true) (citation and
internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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