Nguyen v. U.S. Bank National Association

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HAT NGUYEN, No. 25-6588 D.C. No. Plaintiff - Appellant, 2:25-cv-01823-KKE v. MEMORANDUM* U.S. BANK NATIONAL ASSOCIATION, et al., Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Kymberly K. Evanson, District Judge, Presiding Submitted April 22, 2026** Seattle, Washington Before: MURGUIA, Chief Judge, and McKEOWN and KOH, Circuit Judges.

Plaintiff Hat Nguyen (“Nguyen”) appeals the district court’s denial of Nguyen’s motion for a temporary restraining order (“TRO”). Nguyen’s home in Kent, Washington was sold at a nonjudicial trustee foreclosure sale (“trustee sale”)

* 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). on August 15, 2025, after Nguyen defaulted on her mortgage in June 2023. The district court denied Nguyen’s motion for a TRO after finding that Nguyen was unlikely to succeed on the merits of her argument that the trustee sale was void.

Nguyen appealed.

The district court’s denial of Nguyen’s motion for a TRO is not reviewable on appeal because it was not “tantamount to the denial of a preliminary injunction.” Env’t Def. Fund, Inc. v. Andrus, 625 F.2d 861, 862 (9th Cir. 1980); Kimball v. Commandant Twelfth Naval Dist., 423 F.2d 88, 89 (9th Cir. 1970); Religious Tech. Ctr., Church of Scientology Inter., Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989). Accordingly, we lack jurisdiction to hear this appeal under 28 U.S.C. § 1292.

DISMISSED.