Michael Cordas v. Countrywide Home Loans, Inc. , 550 F. App'x 388 ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 18 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MICHAEL CORDAS; CATHY No. 12-56000
CORDAS,
D.C. No. 8:11-cv-01688-AG-JPR
Plaintiffs - Appellants,
v. MEMORANDUM*
COUNTRYWIDE HOME LOANS, INC.;
U.S. BANK NATIONAL
ASSOCIATION, as Trustee for the
Certificate-Holders of HE LXS 2007-7N
Trust; BANK OF AMERICA
CORPORATION; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; RECONTRUST
COMPANY, N.A.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted December 3, 2013**
Pasadena, California
Before: PREGERSON, BERZON, and CHRISTEN, Circuit Judges.
Plaintiffs Michael and Cathy Cordas appeal the dismissal of their complaint
asserting claims arising out of foreclosure proceedings. The district court
dismissed the complaint for failure to comply with Federal Rule of Civil Procedure
8(a), with leave to amend within 21 days. Plaintiffs did not amend. Instead, they
filed a notice of appeal after the 21 days had elapsed.
This Court lacks jurisdiction to consider an appeal from a non-final
judgment. WMX Technologies, Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997).
The district court’s subsequent dismissal pursuant to Rule 41(b) did not cure
Plaintiffs’ premature appeal from the Rule 8(a) dismissal. See Serine v. Peterson,
989 F.2d 371, 373 (9th Cir. 1993). Accordingly, we dismiss this appeal for lack of
jurisdiction. We note that if we had jurisdiction, we would affirm, as the district
court properly dismissed the complaint for failure to comply with Rule 8(a).
DISMISSED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).