Michael Hucul v. Navy Federal Credit Union

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL HUCUL,
Plaintiff-Appellant,
v.
NAVY FEDERAL CREDIT UNION,
Defendant-Appellee.
No. 18-55177
D.C. No. 3:17-cv-02238-DMS-
MDD
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted June 11, 2019**
Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
Michael Hucul appeals pro se from the district court’s judgment dismissing
his action alleging that defendant violated the Right to Financial Privacy Act
(“RFPA”) by disclosing his financial information to a state agency. 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
JUN 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a
claim. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.
2011). We affirm.
The district court properly dismissed Hucul’s action because section 3403(a)
of the RFPA governs financial disclosures only to the federal government and its
employees. See 12 U.S.C. § 3403(a) (prohibiting financial institutions from
releasing financial records to any “Government authority”); see also id. § 3401(3)
(defining “Government authority” to mean any agency or department of the United
States).
AFFIRMED.

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