Mary McComas v. Phh Mortgage Corporation

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 4 2024

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARY MARTHA McCOMAS, No. 23-35415

Plaintiff-Appellant, D.C. No. 1:22-cv-00435-CL v.

MEMORANDUM* PHH MORTGAGE CORPORATION, a New Jersey Corporation; HSBC BANK USA, N.A., as Trustee for Merrill Lynch Mortgage Investors Trust Series MLCC 2006-2 Mortgage Pass-Through Certificates,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding Submitted May 29, 2024**

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

Mary Martha McComas appeals pro se from the district court’s judgment dismissing her diversity action arising out of foreclosure proceedings. We have

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a denial of a motion to amend a complaint. In re Daisy Sys. Corp., 97 F.3d 1171, 1175 (9th Cir. 1996). We affirm.

The district court did not abuse its discretion in denying McComas leave to file a second amended complaint because further amendment would have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (explaining that leave to amend may be denied where amendment would be futile); Metzler Inv. GMBH v. Corinthian Colls., Inc., 540 F.3d 1049, 1072 (9th Cir. 2008) (affirming denial of leave to amend for failing to articulate how an amended complaint would cure prior deficiencies).

AFFIRMED.

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