Jan Samzelius v. Bank of America, National Asso ( 2016 )

FILED
NOT FOR PUBLICATION AUG 05 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAN SAMZELIUS, No. 13-15115
Plaintiff - Appellant, D.C. No. 3:12-cv-03295-EDL
v.
MEMORANDUM*
BANK OF AMERICA, N.A., as Successor
by Merger LaSalle Bank National
Association as Trustee for Morgan Stanley
Loan Trust 2006-3AR; WELLS FARGO
BANK, NA,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Elizabeth D. Laporte, Magistrate Judge, Presiding**
Submitted July 26, 2016***
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Jan Samzelius appeals from the district court’s judgment dismissing his
action alleging federal and state law claims related to his mortgage. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
denial of leave to amend. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d
1034, 1041 (9th Cir. 2011). We affirm.
The district court did not abuse its discretion by dismissing the amended
complaint without leave to amend because further amendment would have been
futile. See id. (explaining that “a district court may dismiss without leave where
. . . amendment would be futile”).
We do not consider the district court’s dismissal order because Samzelius
failed to address the district court’s dismissal of his claims in his opening brief.
See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised
by a party in its opening brief are deemed waived.”).
AFFIRMED.
2 13-15115