Paula Keller v. Washington Mutual Bank, F.A.
Paula Keller v. Washington Mutual Bank, F.A.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 29 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PAULA IDELE KELLER, No. 17-56202 Plaintiff-Appellant, D.C. No. 2:16-cv-09165-TJH-SK v. MEMORANDUM* WASHINGTON MUTUAL BANK, F.A.; et al., Defendants-Appellees.
Appeal from the United States District Court for the Central District of California Terry J. Hatter, District Judge, Presiding Submitted May 21, 2019** Before: THOMAS, Chief Judge, LEAVY and FRIEDLAND, Circuit Judges.
Paula Idele Keller appeals pro se from the district court’s order dismissing Keller’s action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal under Federal Rule of Civil Procedure 8. McHenry
* 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). v. Renne, 84 F.3d 1172, 1180 (9th Cir. 1996). We affirm.
The district court properly dismissed Keller’s action without prejudice because the allegations in the complaint were vague, confusing, and failed to connect Keller’s claims to defendants’ conduct. See Fed. R. Civ. P. 8(a)(2) (requiring that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief”); McHenry, 84 F.3d at 1179-80 (affirming dismissal under Rule 8, and recognizing that “[p]rolix, confusing complaints . . . impose unfair burdens on litigants and judges”).
Because Keller failed to allege a claim under the Truth in Lending Act in her complaint, we reject as without merit her contention that the district court should have granted her leave to amend this claim.
All pending motions and requests are denied.
AFFIRMED.
2 17-56202
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